Patna High Court
Shivam Kumar Singh vs The State Of Bihar on 15 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40295 of 2020
Arising Out of PS. Case No.-101 Year-2020 Thana- AGIAON BAZAR District- Bhojpur
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1. Shivam Kumar Singh, aged about 26 years, Male, son of Kamleshwar Singh,
2. Satyam Singh, aged about 30 years, Male, son of Kamleshwar Singh,
3. Kamleshwar Singh, aged about 56 years, son of Late Kesho Singh,
All resident of Village- Karvania, P.S.- Agion Bazar, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Madanjeet Kumar, Advocate
For the State : Mr. Lakshmi Kant Sharma, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 15-04-2021
The matter has been heard via video conferencing.
2. Heard Mr. Madanjeet Kumar, learned counsel for
the petitioners and Mr. Lakshmi Kant Sharma, learned
Additional Public Prosecutor (hereinafter referred to as the
'APP') for the State.
3. The petitioners apprehend arrest in connection with
Agiaon Bazar PS Case No. 101 of 2020 dated 27.09.2020,
instituted under Section 30(a) of the Bihar Prohibition and
Excise Act, 2016 (hereinafter referred to as the 'Act').
4. The allegation against the petitioners is that when
the police, on prior information that they were smuggling
foreign liquor in a vehicle, reached the spot, three persons who
Patna High Court CR. MISC. No.40295 of 2020 dt.15-04-2021
were standing near a Scorpio vehicle, ran away and could not be
caught and from the vehicle, 174.9 litres wine was recovered
along with Aadhar Card of petitioner no. 1.
5. Learned counsel for the petitioners submitted that
there is no connection of the petitioners, either with the seized
vehicle or the recovered liquor and they have been falsely
implicated due to past enmity with the local Chaukidaar, who
has identified them. It was further submitted that the petitioners
have no criminal antecedent.
6. Learned APP submitted that there is ample
evidence against the petitioners as the petitioners no. 1 and 2 are
the sons of the petitioner no. 3 and that the police had definite
information about them indulging in smuggling of liquor. It was
submitted that it has not been placed by learned counsel for the
petitioners that in the FIR itself as well as the seizure list, it is
mentioned that the Aadhaar Card of the petitioner no.1 was
recovered from the Scorpio. It was submitted that this fact
totally establishes that the petitioners, who are father and sons,
are connected with the recovered wine as Aadhaar Card of
petitioner no. 1 could not otherwise, have been found from the
vehicle. Thus, learned counsel submitted that in law, since
prima facie, offence is made out under the Act, the present
Patna High Court CR. MISC. No.40295 of 2020 dt.15-04-2021
application under Section 438 of the Code of Criminal
Procedure, 1973, is not maintainable under Section 76(2) of the
Act.
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, the
Court finds substance in the contention of learned APP. Besides,
from the most vital fact that the Aadhaar Card of the petitioner
no. 1 was recovered from the vehicle, which learned counsel for
the petitioners, though being duty bound to disclose did not do,
it is obvious that an offence is made out under the Act against
the petitioners, who are father and sons. Thus, as rightly
contended by learned APP, the present application would also
not be maintainable in view of bar of Section 76(2) of the Act.
8. Having regard to the aforesaid, the Court is not
inclined to grant pre-arrest bail to the petitioners.
9. Accordingly, the application stands dismissed, both
on merits as well as on the ground of non-maintainability.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
