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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88090 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Pappu Kumar @ Pappu Yadav son of Thakhar yadav @ Thakan yadav R/o village - Chhapradhi, P.S.- Khajauli , District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Prakash, Adv. Mr. Gagan Deo Yadav, Adv. Mr. Udeshya Kr. Yadav, Adv. For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with Jaynagar P.S. Case No. 21 of 2024 dated 11.01.2024 for the offences punishable under Sections 272, 273, 307, 353 and 224/34 of the I.P.C. and Sections 30(a) and 45 of the Bihar Prohibition and Excise Act. 3. As per prosecution case, total 198 litres of illicit Saufi Nepali country made liquor was recovered from the bag tied with the motorcycle. It is further alleged that the petitioner and the co-accused persons holding lathi got the apprehended person released from the custody of police and they caused hindrance
Patna High Court CR. MISC. No.88090 of 2024(2) dt.17-01-2025 2/3 in the discharge of official duties of the police personnel. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has no concern with the alleged offence. No incriminating article has been recovered from conscious possession or house of the petitioner. The petitioner is only a member of the mob. There is specific allegation of assault is against the co-accused Varun Yadav who assaulted the police personnel Rahul Kumar on his head with lathi. There is general and omnibus allegation against the petitioner. There is no compliance of Section 100 of the Cr. P.C. It is further submitted that other co-accused person Chandan Kumar Yadav @ Abhishek Kumar has been granted regular bail by a Bench of this Court passed Cr. Misc. No. 30786 of 2024 vide order dated 11.07.2024. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody since 13.11.2024.
5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees
Patna High Court CR. MISC. No.88090 of 2024(2) dt.17-01-2025 3/3 Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II- cum-Special Judge, Excise Act, Madhubani in connection with Jaynagar P.S. Case No. 21 of 2024. 7. The application stands allowed. Shivam/- (Chandra Prakash Singh, J) U T