Mahadev Kumar @ Murari Kumar vs The State Of Bihar
2021 Latest Caselaw 1891 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 11100 of 2021
     Arising Out of PS Case No.-16 Year-2020 Thana- MATIHANI District- Begusarai
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Mahadev Kumar @ Murari Kumar, Gender- Male, Aged about 20 years, Son of Daya Shankar Singh, Resident of Hanumangadhi, PS - Muffasil, District - Begusarai.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S K Lal, Advocate For the State : Mr. Ram Sewak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. S K Lal, learned counsel for the petitioner

and Mr. Ram Sewak Choudhary, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with

Matihani PS Case No. 16 of 2020 dated 19.02.2020, instituted

under Sections 30(a) and 32 of the Bihar Prohibition and Excise

Act, 2016.

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 07.08.2020 passed

in Cr. Misc. No. 22051 of 2020.

Patna High Court CR. MISC. No.11100 of 2021 dt.07-04-2021

5. The allegation against the petitioner is that he was

also dealing in illicit liquor and was connected to recovery of

4839.840 liters of liquor from a truck and Scorpio which was

caught by the police.

6. Learned counsel for the petitioner submitted that

though initially the petitioner along with four others had been

named, but later on few other persons have also been made

accused and seven persons have been granted bail in the present

case except for the petitioner. It was submitted that there is

nothing to connect the petitioner to the recovered liquor as neither

the truck nor the Scorpio vehicle belonged to him and nothing has

been recovered from the place. Learned counsel submitted that

though earlier there are two cases of similar nature against him but

co-accused Saurav Kumar, who has been granted bail by a co-

ordinate Bench by order dated 19.08.2020 passed in Cr. Misc. No.

21819 of 2020, has five criminal antecedents. It was submitted

that similarly situated named accused Bittu Kumar has also been

granted bail by a co-ordinate Bench by order dated 08.07.2020 in

Cr. Misc. 21754 of 2020. Learned counsel submitted that the

petition is in custody since 28.04.2020 i.e., for almost a year now.

Patna High Court CR. MISC. No.11100 of 2021 dt.07-04-2021

7. Learned APP submitted that the petitioner has also

been named as one of the persons who was involved in trade of

liquor and the seizure is of a huge amount.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Additional Sessions

Judge-II-cum- Special Judge (Excise Act), Begusarai in Matihani

PS Case No. 16 of 2020 subject to the conditions (i) that one of

the bailors shall be a close relative of the petitioner, (ii) that the

petitioner and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall also

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

Patna High Court CR. MISC. No.11100 of 2021 dt.07-04-2021

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T