Md. Akhtar @ Md. Raja vs The State Of Bihar
2021 Latest Caselaw 1954 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.34465 of 2020
    Arising Out of PS. Case No.-499 Year-2020 Thana- FORBESGANJ District- Araria
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Md. Akhtar @ Md. Raja, Male, aged about 32 years, Son of Md. Abbas Ansari @ Quddus Resident of Village - Kali Mela Road Forbesganj, P.S.- Forbesganj, District- Araria.

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

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

For the Petitioner/s    :        Mr. Anil Prasad Singh, Advocate
For the State           :        Mr. Ram Anurag Singh, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Anil Prasad Singh, learned counsel for the

petitioner and Mr. Ram Anurag Singh, learned Additional Public

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

3. The petitioner apprehends arrest in connection with

Forbesganj PS Case No. 499 of 2020 dated 25.06.2020, instituted

under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

4. The allegation against the petitioner and four others,

including the PDS dealer from outside the shop of whom liquor is

said to have been recovered kept near kerosene drum.

5. Learned counsel for the petitioner submitted that the

recovery is shown from outside the PDS shop of co-accused Patna High Court CR. MISC. No.34465 of 2020 dt.16-04-2021

Mahendra Prasad Sah and he is not involved in any way with him.

It was further submitted that there is nothing to connect the

petitioner to the recovered items and further that there has been no

recovery from the house of the petitioner. Learned counsel

submitted that prior to the present case, the petitioner has no

criminal antecedent and only after two days, in another case,

making similar allegation, he has been made accused, details of

which has been brought on record by him in the supplementary

affidavit. Learned counsel submitted that similarly situated co-

accused Ram Kumar Choudhary @ Ram Kumar Bhagat @ Raj

Kumar Bhagat and Suman Kumar @ Suman Mandal have been

granted anticipatory bail by co-ordinate Benches by order dated

17.03.2021 in Cr. Misc. No. 34102 of 2020 and order dated

12.02.2021 in Cr. Misc. No. 32463 of 2020, respectively. Learned

counsel submitted that even the local people who had gathered at

the spot where recovery was made had not identified the petitioner

and only on the allegation that he was also one of the persons

named by the spy, he has been implicated in the present case.

6. Learned APP submitted that the petitioner is also

alleged to be one of the persons connected with the recovered

liquor. However, he did not controvert that co-accused Ram

Kumar Choudhary @ Ram Kumar Bhagat @ Raj Kumar Bhagat Patna High Court CR. MISC. No.34465 of 2020 dt.16-04-2021

and Suman Kumar @ Suman Mandal are similarly situated,

except for the other case against the petitioner.

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 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 2nd Additional District and Sessions Judge cum Special

Judge, Araria in Forbesganj PS Case No. 499 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 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 Patna High Court CR. MISC. No.34465 of 2020 dt.16-04-2021

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

to cancellation of his bail bonds.

8. 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.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T