Kapleshi Rai @ Kapeshi Rai @ ... vs The State Of Bihar
2021 Latest Caselaw 3944 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 37479 of 2021
   Arising Out of PS. Case No.-97 Year-2020 Thana- RAGHOPUR (RUSTAMPUR OP)
                                    District-Vaishali
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Kapleshi Rai @ Kapeshi Rai @ Papleshi Rai, aged about 28 years, Gender- Male, son of Santa Rai, Resident of Village-Sukumarpur, P.S. Raghopur (Rustampur OP), District Vaishali

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

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

For the Petitioner/s   :     Mr. Ravish Mishra, Advocate
For the State          :     Mr. Ajit Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-08-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis

of motion slip filed by learned counsel for the petitioner on

26.07.2021, which was allowed.

3. Heard Mr. Ravish Mishra, learned counsel for the

petitioner and Mr. Ajit Kumar, learned Additional Public

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

4. The petitioner apprehends arrest in connection with

Roghopur (Rustampur OP) PS Case No. 97 of 2020 dated

23.06.2020, instituted under Sections 414/34 of the Indian Penal

Code and 30(a)(d) of the Bihar Prohibition and Excise Act, Patna High Court CR. MISC. No. 37479 of 2021 dt.03-08-2021

2016 (hereinafter referred to as the 'Act').

5. The allegation against the petitioner and ten others

is that they were indulging in the business of liquor and when

the police on prior information had gone to the spot, they had

run away leaving behind two motorcycles and from the spot, 40

litres of countrymade liquor along with drums used for making

countrymade liquor has been recovered.

6. Learned counsel for the petitioner submitted that

only on suspicion and false accusation, he has been implicated

in the case and that there is no reliable identification that he was

also one of the persons who had run away when the police had

come to the place. It was submitted that neither the motorcycle

nor the place from which the recovery has been made belongs to

the petitioner and he has no other criminal case. Thus, it was

contended that in the absence of anything to connect the

petitioner to the recovered materials, the bar of Section 76(2) of

the Act would not apply in the present case.

7. Learned APP submitted that there has been recovery

of countrymade liquor and the petitioner is also named as one of

the persons who had fled away from the place.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the Patna High Court CR. MISC. No. 37479 of 2021 dt.03-08-2021

Court finds that for the purposes of forming a tentative view,

taking into consideration the fact that ownership of the

motorcycle from which recovery has been made having been

specifically denied as also no other criminal case being against

him, as stated on oath in the present petition, the Court is

inclined to allow the prayer.

9. Accordingly, 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 Additional

Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in

Roghopur (Rustampur OP) PS Case No. 97 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 Patna High Court CR. MISC. No. 37479 of 2021 dt.03-08-2021

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.

10. 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.

11. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T