Anshu Singh Alias Digvijay Kumar ... vs The State Of Bihar
2021 Latest Caselaw 4083 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.452 of 2021
      Arising Out of PS. Case No.-86 Year-2020 Thana- BISHWAMBHARPUR District-
                                         Gopalganj
 ======================================================

Anshu Singh alias Digvijay Kumar Rai, aged about 19 years, Gender- Male, son of Atul Kumar Rai, resident of village- Isar Patti, P.S. - Bishwambharpur, District - Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

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

For the Petitioner/s : Mr. Indrajeet Bhushan, Advocate For the State : Mr. Aditya Narayan Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-08-2021

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

05.08.2021, which was allowed.

3. Heard Mr. Indrajeet Bhushan, learned counsel for

the petitioner and Mr. Aditya Narayan Singh No. 1, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

4. The petitioner apprehends arrest in connection with

Bishwambharpur PS Case No. 86 of 2020 dated 15.06.2020,

instituted under Sections 30(a) of the Bihar Prohibition and Patna High Court CR. MISC. No.452 of 2021 dt.12-08-2021

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

5. As per the FIR, the police at about 10.00 PM on

15.06.2020, when was conducting patrolling and raids, three

motorcycles were seen coming towards them and on one

motorcycle, two persons were riding, whereas, on the other two

motorcycles only one person was driving the same and on

seeing the police vehicle, all the four persons left their

motorcycles and started fleeing away out of which two persons

were apprehended, whereas, two others managed to escape.

Thereafter, in the presence of two independent witnesses, the

detained persons disclosed their identity as Om Prakash Yadav

and Sheojee Yadav and Sheojee Yadav disclosed that the

petitioner was the person, who was sitting behind him on his

motorcycle, and the other person, who had fled away was Chand

Mian. On search of the motorcycle of co-accused, Om Prakash

Yadav, 45 litres of countrymade liquor, from the motorcycle of

Sheojee Yadav, on which the petitioner is said to be riding, 34

litres of the said liquor and from the motorcycle driven by co-

accused, Chand Mian, 54 litres of the said liquor were

recovered. It is further alleged that on enquiry, the detained

persons disclosed that they had purchased the liquor from Uttar

Pradesh and all four of them were involved in the trade of Patna High Court CR. MISC. No.452 of 2021 dt.12-08-2021

liquor.

6. Learned counsel for the petitioner submitted that he

was not caught at the spot and only because of the name taken

by the arrested co-accused, Sheojee Yadav, he has also been

implicated. Learned counsel submitted that just a few days prior

to the incident, the petitioner had publicly abused and insulted

Sheojee Yadav for not returning Rs.5,000/- which he had taken

as friendly loan in March, 2020, but was not returning the same

on some pretext or the other and that is why, he has been falsely

implicated. Further, it was submitted that the petitioner has no

criminal antecedent. Thus, it was contended that as there is

nothing to connect the recovered liquor 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 person, who was

arrested, has stated that it was the petitioner, who was sitting

behind him on the motorcycle and there is no reason to

disbelieve him.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties,

having regard to the fact that it is the statement of the arrested

co-accused, before the police, being the only material to connect

the petitioner to the recovery of liquor and he having no Patna High Court CR. MISC. No.452 of 2021 dt.12-08-2021

criminal antecedent, the Court is inclined to grant pre-arrest bail

to the petitioner.

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 2 nd Additional

Sessions Judge cum Special Judge, Excise, Gopalganj, in

Bishwambharpur PS Case No. 86 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 on two consecutive dates, without sufficient cause, shall Patna High Court CR. MISC. No.452 of 2021 dt.12-08-2021

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)

J. Alam/-

AFR/NAFR U T