Pappu Kumar Yadav @ Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1437 of 2024 Arising Out of PS. Case No.-681 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Pappu Kumar Yadav @ Pappu Kumar S/O Rambhajju Yadav, VILLAGEBAGIYA (BAGHIYA), PS. WAZIRGANJ, DIST. GAYA. ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Wazirganj P.S. Case No. 681/2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per prosecution case, there was alleged recovery of 320 liters country made Mahua wine from Indigo car in question. The petitioner was alleged to be driver of the said car and apprehended on the spot.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is
Patna High Court CR. MISC. No.1437 of 2024(2) dt.25-01-2024 2/3 languishing in custody since 07.11.2023. He orally submits that the petitioner bears criminal antecedent of one case in which he is on bail. He further submits that the petitioner is not the owner of the alleged vehicle in question. He is merely a driver of the said vehicle and has no knowledge regarding the alleged liquor that has been kept in the said vehicle. The petitioner has to follow the instruction of his owner to earn the livelihood. He further submits that the seizure list has not been prepared as per the law.
5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds 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.-V, Gaya in connection with Wazirganj P.S. Case No. 681/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the
Patna High Court CR. MISC. No.1437 of 2024(2) dt.25-01-2024 3/3 affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkumar/- U T