Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1795 of 2025 Arising Out of PS. Case No.-156 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== Pappu Kumar S/O Chalitra Rai Resident Of Village- Mohanpur, P.SRaghopur, Distt.- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-03-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Raghopur P.S. Case No. 156 of 2023, registered for the offences punishable under Sections 272, 273 and 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 57.6 litres of IMFL/country made liquor from the Tempo.

4. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.1795 of 2025(2) dt.28-03-2025 2/3 submitted that name of petitioner transpired on the basis of secret input as received from confidential source of the police. It is submitted that as per allegation, the petitioner was in process of supplying illicit liquor to one Mithilesh Kumar (co-accused). It is pointed out that said Mithilesh Kumar has already granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 61822 of 2024 dated 28.08.2024. While concluding argument, it is submitted that admittedly recovery of illicit liquor not appears to be made from physical possession of this petitioner, who is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. II-cum-Additional Sessions Judge, Vaishali at Hajipur/concerned Court, where the case is pending in connection

Patna High Court CR. MISC. No.1795 of 2025(2) dt.28-03-2025 3/3 with Raghopur P.S. Case No. 156 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T