Pappu Kumar @ Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82354 of 2019 Arising Out of PS. Case No.-583 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== PAPPU KUMAR @ PAPPU YADAV, Son of Late Bihari Rai Resident of New Vigrahpur, Bihari Path, P.S.- Jakkanpur, Distt - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(d) of the Bihar Prohibition & Excise Act, 201/8.

Informant who is a police officer has alleged in his self-statement that on receiving specific information, he reached the place of occurrence and one miscreant present there managed to escape, however, locals disclosed the name of escaped miscreant as Pappu Yadav (petitioner) and from his tempo garage, 10.2 litres illicit liquor was recovered. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Neither he was apprehended on the spot nor was any illicit

Patna High Court CR. MISC. No.82354 of 2019(2) dt.14-01-2020 2/3 liquor recovered from his conscious possession and so-called recovery alleged to have been made from tempo garage of the petitioner is of empty bottle which contained no illicit liquor. Petitioner is in custody since, 16.11.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Jakkanpur P.S. Case No.583/2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail

Patna High Court CR. MISC. No.82354 of 2019(2) dt.14-01-2020 3/3 the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T