Rishu Kumar @Rishu Singh vs The State Of Bihar
2021 Latest Caselaw 1930 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.33991 of 2020
         Arising Out of PS. Case No.-483 Year-2020 Thana- GARDANIBAG District- Patna
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1. Rishu Kumar @ Rishu Singh, aged about 25 years, Gender-Male, Son of Sanjay Singh

2. Sanjay Singh, aged about 51 years, Gender-Male, son of Sri Krishna Singh Both resident of village- Babu Bazar, Dhakanpura, P.S.- Gardanibagh, District- Bihar- 800002 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s    :       Mr.Nishant Kumar Sinha, Advocate
     For the State           :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Nishant Kumar Sinha, learned counsel for

the petitioners and Mr. Md. Arif, learned Additional Public

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

3. The petitioners apprehend arrest in connection with

Gardanibagh PS Case No. 483 of 2020 dated 20.09.2020,

instituted under Sections 30(a) and 36 of the Bihar Prohibition and

Excise Act, 2016.

4. The allegation against the petitioners is that the police

while doing special checking, reached Babu Bazar, three persons

standing near a hut ran away on seeing them and from the hut total

43.425 litres of various brands of liquor was recovered. It is Patna High Court CR. MISC. No.33991 of 2020 dt.12-04-2021

alleged that the local people disclosed that the petitioners and one

Khudar Manjhi were doing the business and the hut belonged to

co-accused Khudar Manjhi.

5. Learned counsel for the petitioners submitted that the

only allegation is that they were the persons who had run away

without there being any disclosure as to who had identified them.

It was further submitted that they have no connection with the

liquor and the hut also does not belong to them and further that

they have no criminal antecedent.

6. Learned APP submitted that villagers had identified

the petitioners that they were the persons who had run away and

the allegation is that they were also into the business of liquor.

7. Having considered the facts and circumstances of the

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

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Special Judge, Excise, Patna in Gardanibagh PS Case No.

483 of 2020, subject to the conditions laid down in Section 438(2)

of the Code of Criminal Procedure, 1973 and further, (i) that one

of the bailors shall be a close relative of the petitioners, (ii) that Patna High Court CR. MISC. No.33991 of 2020 dt.12-04-2021

the petitioners and the bailors shall execute bond with regard to

good behaviour of the petitioners, and (iii) that the petitioners

shall also give an undertaking to the Court that they 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 their bail

bonds. The petitioners 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 their bail bonds.

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

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

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T