Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3831 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- JADIA District- Supaul ====================================================== Pappu Kumar S/O Arjun Sah, R/o Tituaha, Ward No. 12, P.S- Tribeniganj, Distt.- Supaul.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-01-2025 Heard Mr. Chandra Shekhar Kumar Singh, the learned counsel for the petitioner and Mr. Bhanu Pratap, the learned Additional Public Prosecutor for the State. 2.

Petitioner seeks regular bail who is in custody since 24.10.2024, in connection with Jadia P.S. Case No. 83 of 2024, FIR dated 26.05.2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act. 3.

Recovery is of 112.92 litres of foreign liquor. 4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case and the allegation levelled in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that from perusal of the FIR, it appears that recovery has been made from the vehicle in question and petitioner is neither the owner nor

Patna High Court CR. MISC. No.3831 of 2025(2) dt.28-01-2025 2/3 the driver of the vehicle in question. He further submits that similarly situated co-accused person namely, Bablu Kumar has been granted bail by this Court vide order dated 25.09.2024 passed in Cr. Misc. No. 67544 of 2024. He lastly submits that the police after investigation has submitted the charge sheet against the petitioner and the petitioner is in custody since 24.10.2024.

5.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6.

Considering the aforesaid facts and circumstances and mainly the facts that petitioner has clean antecedent, nothing has been recovered from the conscious possession of the petitioner, petitioner's name transpired on the basis of suspicion and similarly situated co-accused person has been granted bail by this Court, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Court No. 1, Supaul, in connection with Jadia P.S. Case No. 83 of 2024, subject to the following conditions: (i). Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.3831 of 2025(2) dt.28-01-2025 3/3 be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned trial Court.

(ii). 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.

(iii). And further condition that the learned trial Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Shahnawaz/- U T