Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78793 of 2024 Arising Out of PS. Case No.-555 Year-2024 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

Pappu Kumar Ramanand Prasad @ Ramanand Bhagat R/O VillageSurahan, P.S.- Muffasil, District- East Champaran 2.

Munna Kumar S/O Shankar Sah R/O Village- Surahan, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Town P.S. Case No. 555 of 2024 instituted for the offences under Sections 317(5), 3(5), B.N.S and 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 180 ml of liquor was recovered from the motorcycle.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.78793 of 2024(2) dt.11-11-2024 2/2 submitted by learned counsel for the petitioners that the motorcycle in question does not belong to the petitioners. The petitioners are in custody since 04.09.2024 and have got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Town PS Case No. 555 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T