Patna High CourtCR. MISC./65668/2018bail granted

Pappu Kumar v. The State Of Bihar

2018-11-02Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65668 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -SURSAND District- SITAMARHI ====================================================== Pappu Kumar, S/o Nagendra Rai, resident of village-Narayanpur, P.S. Pupari, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate For the Opposite Party/s : Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 02-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Sursand P.S. Case No.17 of 2018 instituted for the offence under Section(s) 273 Indian Penal Code and Section 30-A, 38, 41 of the Bihar Prohibition & Excise Act, 2016.

It is alleged that 1090 bottles foreign liquor each of 300 ML was recovered from the Tempo. Two persons were found sitting in Tempo, who disclosed their name as Lankesh Pandit and Satish Baitha. They also disclosed name of another person as Sohan Baitha, who fled away.

Counsel for the petitioner submits that petitioner has been made accused being owner of the Tempo.

Patna High Court Cr.Misc. No.65668 of 2018 (2) dt.02-11-2018 2/2 From the written report itself, it is apparent that petitioner was not present at the spot.

Petitioner is in custody since 28.08.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, II, cum Special Judge, Excise Act, Sitamarhi, in connection with Sursand P.S. Case No.17 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) JA/- U T