Pappu Yadav @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86010 of 2024 Arising Out of PS. Case No.-1137 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Pappu Yadav @ Pappu Kumar Son of Late Pramod Yadav Resident of Village- Ruddhakhap, P.S- Jamhor, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Excise P.S. Case no.1137 of 2024 registered for the offence punishable under sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 21.9 litres of liquor was recovered from the co-accused Bedami Devi who disclosed before the police that the liquor was supplied by the petitioner to her for sale.

4. Learned counsel for the petitioner submits that from the contents of the FIR itself, it is evident that no incriminating article has been recovered from the petitioner's possession. The only material against the petitioner is the

Patna High Court CR. MISC. No.86010 of 2024(2) dt.20-12-2024 2/2 statement of a co-accused made before police. The cause of false implication of the petitioner is his antecedent. He undertakes to cooperate in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR and admittedly no incriminating article having been recovered from the petitioner's possession, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Excise P.S. Case no.1137 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise II, Aurangabad. (Partha Sarthy, J) Saurabh/- U T