The Patna High Court allowed the bail petition of Pappu Kumar in a criminal case under the Bihar Prohibition and Excise Act, directing his release on ₹10,000 bond with conditions.
Petitioner enlarged on bail with bonds of Rs. 10,000/- and two sureties of like amount each, subject to six specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39693 of 2023
Arising Out of PS. Case No.-253 Year-2022 Thana- RAJAPAKAR District- Vaishali
======================================================
PAPPU KUMAR Son of Satya Narain Rai Resident of Village Terasia PSGanga Bridge, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Subodh Prasad For the Opposite Party/s : Mr. Umesh Lal Verma ======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
2 07-07-2023 Heard Ld. counsel for the petitioner and Ld. APP
for the State.
The petitioner seeks bail in connection with Raja Pakar P. S. Case No. 253 of 2022, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
As per allegation, 300 litres of country made liquor was recovered from a tempo.
Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has no concern with the seized vehicle or the liquor, as he is neither the
Patna High Court CR. MISC. No.39693 of 2023(2) dt.07-07-2023 2/4
owner nor the driver of the same. He also submits that the name of the petitioner transpires from the confessional statement of one of the co-accused.
He further submits that the petitioner has been languishing in jail since 24.04.2023.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents.
It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently
opposes the prayer of the petitioner for bail.
Considering the aforesaid facts and circumstances,
this application is allowed , directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Prohibition & Excise Court IInd cum Additional District and Sessions Judge, Vaishali at Hajipur, in connection with Raja Pakar P. S. Case No. 253 of 2022 on
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the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is
Patna High Court CR. MISC. No.39693 of 2023(2) dt.07-07-2023 4/4
wrong, Ld. court below shall cancel the bail bonds of the petitioner.
(vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the court below.
Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J)
skm/-
U
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving country-made liquor.
Pappu Kumar
The State of Bihar
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
