Amit Kumar vs The State Of Bihar
2021 Latest Caselaw 4066 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.2051 of 2021
    Arising Out of PS. Case No.-649 Year-2019 Thana- PATNA GRP CASE District- Patna
 ======================================================

Amit Kumar, aged about 28 years, Gender- Male, son of Devendra Singh, resident of village - Lodipur (Lakhanpur), P.S. - Punpun, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10-08-2021

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

04.08.2021, which was allowed.

3. Heard Mr. Shivendra Kumar Sinha, learned counsel

for the petitioner and Mr. Md. Arif, learned Additional Public

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

4. The petitioner apprehends arrest in connection with

Rail PS (Patna Jn.) Case No. 649 of 2019 dated 29.11.2019,

instituted under Sections 273/34 of the Indian Penal Code and

30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter

referred to as the 'Act').

5. The allegation against the petitioner is that when Patna High Court CR. MISC. No.2051 of 2021 dt.10-08-2021

the police, on suspicion, caught one Avinash Kumar, from his

trolley 6 litres of liquor was recovered who disclosed that the

same was being taken for delivering to the petitioner, who was

the Senior Supervisor of the Railway Enquiry Office (Call

Center). It has further been stated that the petitioner had come to

receive the trolley, but upon seeing the police, he had hidden

himself.

6. Learned counsel for the petitioner submitted that

only on bald and false accusation, he has been made accused. It

was submitted that the arrested Avinash Kumar works under him

as he is an employee in the said Call Center and because of his

negligence towards his duty, he had been warned by the

petitioner and to take revenge he has been falsely implicated. It

was submitted that the petitioner has no criminal antecedent.

Learned counsel submitted that as there is nothing to connect

him to the recovered liquor except for the statement, that too

before the police, of the arrested co-accused that the liquor was

for delivery to the petitioner, the bar of Section 76(2) of the Act

would not apply in the present case.

7. Learned APP submitted that the petitioner has been

named by the person, who was caught with the liquor and it has

been stated that the liquor was meant to be delivered to the Patna High Court CR. MISC. No.2051 of 2021 dt.10-08-2021

petitioner.

8. Having considered the facts and circumstances of

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

Court finds that the allegation against the petitioner being based

only on the statement of the arrested co-accused that the liquor

was to be delivered to him, the bar of Section 76(2) of the Act

would not apply and further, since the petitioner has no other

criminal antecedent, the Court is inclined to allow the prayer of

the petitioner for pre-arrest bail.

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 Special Judge,

Excise, Patna, in Rail PS (Patna Jn.) Case No. 649 of 2019,

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 Patna High Court CR. MISC. No.2051 of 2021 dt.10-08-2021

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.

10. It shall also be open for the prosecution to bring

any violation of the foregoing conditions 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)

J. Alam/-

AFR/NAFR U T