Prem Chandra Lok @ Hars Lal Rai vs The State Of Bihar
2021 Latest Caselaw 4091 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.22828 of 2021
   Arising Out of PS. Case No.-298 Year-2020 Thana- BOCHAHAN District- Muzaffarpur
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Prem Chandra Lok @ Hars Lal Rai, aged about 46 years, (Male), son of late Arjun Rai, resident of village- Garhan, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

 For the Petitioner/s    :       Mr. Ajay Kumar Thakur, Advocate
 For the State           :       Mr. Uma Nath Mishra, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ajay Kumar Thakur, learned counsel for

the petitioner and Mr. Uma Nath Mishra, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner apprehends arrest in connection with

Bochahan PS Case No. 298 of 2020 dated 08.11.2020, instituted

under Sections 272, 273, 120-B of the Indian Penal Code and

30(a), 32(ii) and 41(a) of the Bihar Prohibition and Excise Act,

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

4. The allegation against the petitioner is that from the

school which was being run on the land jointly owned by the

petitioner and his nephew, huge quantity of liquor was Patna High Court CR. MISC. No.22828 of 2021 dt.13-08-2021

recovered by the police.

5. Learned counsel for the petitioner submitted that he

has been erroneously named as an accused only on the ground

that the ownership of the land on which the school was

constructed was in his joint name. It was submitted that in the

year 2016 itself, it had been given on lease for a period of five

years to co-accused Amrendra Kumar on a monthly rental of Rs.

7,000/-, but due to lock-down, on 22nd October, 2020, a revised

agreement was entered into reducing the monthly rent to Rs.

3,500/-. It was submitted that there is nothing to connect the

petitioner to the recovered article or to show that he was in any

way dealing with the premises from where such recovery has

been effected. Learned counsel submitted that he has also filed

supplementary and second supplementary affidavit in which the

photo copies of the rent agreement have been brought on record

which indicates that he and his nephew had given the said piece

of land to co-accused Amrendra Kumar. It was submitted that

the said rent was given beginning from 16.01.2016 and

thereafter, rent was reduced in view of COVID- 19 pandemic.

Learned counsel submitted that he has also filed Income Tax

Returns to indicate that the rent from Amrendra Kumar was

shown before the Income Tax authorities. It was further Patna High Court CR. MISC. No.22828 of 2021 dt.13-08-2021

submitted that there is no other criminal antecedent of the

petitioner and summing up his arguments, learned counsel

submitted that as the recovery of liquor cannot be connected to

the petitioner, the bar of Section 76(2) of the Act would not

apply.

6. Earlier, by order dated 08.06.2021, the Court had

called for the up-to-date legible photo copy of the entire case

diary from the Senior Superintendent of Police, Muzaffarpur as

well as a detailed report with regard to the authenticity of the

initial rent agreement as also the subsequent rent agreement as

also whether the petitioner had any role in the affairs of the

school, more so, as the school is in the name of his late father.

7. Learned APP submitted that he has received copy

of the entire case diary and the information asked by the Court

is also contained therein. It was submitted that witnesses have

stated that the petitioner has given the land in question, to co-

accused, Amrendra Kumar, on lease and the school was being

run by Amrendra Kumar and the petitioner was not involved in

the same.

8. Having considered the facts and circumstances of

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

appears that there is material to indicate that the land, though Patna High Court CR. MISC. No.22828 of 2021 dt.13-08-2021

belonging to the petitioner, had been leased to co-accused

Amrendra Kumar from 2016 and the recovery of liquor having

been made in November, 2020, when the period of lease was

continuing as also the said fact of lease being corroborated by

various documents and witnesses as also the petitioner having

no other criminal antecedent, the Court is inclined to allow the

prayer 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, Muzaffarpur, in Bochahan PS Case No. 298 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 and (ii) that the

petitioner shall cooperate with the Court and the

police/prosecution. Failure to cooperate shall 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 Patna High Court CR. MISC. No.22828 of 2021 dt.13-08-2021

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