Rahul Kumar vs The State Of Bihar
2021 Latest Caselaw 4283 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 40117 of 2021
   Arising Out of PS. Case No.-80 Year-2021 Thana- BHAGWANPUR District- Begusarai
 ======================================================

Rahul Kumar, Male aged about 25 years, Son of Ramjapo Singh, Resident of Village-Telan, Jokia, PS- Bhagwanpur, District-Begusarai.

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

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the State : Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 24-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Pushpendra Kumar Singh, learned counsel

for the petitioner and Mr. Arvind Kumar Pandey, learned

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

for the State.

3. The petitioner apprehends arrest in connection with

Bhagwanpur PS Case No. 80 of 2021 dated 07.04.2021, instituted

under Sections 120(b) of the Indian Penal Code and 30(a) of the

Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as

the 'Act').

4. The allegation against the petitioner is that when the

police on prior information that liquor was being unloaded from a

truck near Jokia Tandi reached the poultry farm of co-accused Patna High Court CR. MISC. No.40117 of 2021 dt.24-08-2021

Raushan Singh, they found a truck in the northern mango orchard

as also a tractor and a trailer which was loaded with cartons and

upon search, 576 bottles of liquor was recovered from the truck

whereas 525 bottles were recovered from the tractor and trailer. It

is alleged that from confidential sources, it transpired those four

persons, including the petitioner, in conspiracy with each other

were dealing in storing and selling of illegal liquor.

5. Learned counsel for the petitioner submitted that only

on suspicion based on information from some secret source, he

has been made accused, but he has no connection, either with the

truck or tractor trailer or the mango orchard or the poultry farm. It

was submitted that the petitioner has got no other criminal

antecedent. It was submitted that since there is nothing to connect

the petitioner to the seized vehicles or the liquor, the bar of

Section 76(2) of the Act would not be attracted in the present case.

6. Learned APP submitted that there is recovery of huge

amount of liquor by the police. However, it was not controverted

that the petitioner has been named on the basis of secret

information received by the police and that, as per the FIR itself,

the poultry farm was owned by another co-accused and not the

petitioner.

Patna High Court CR. MISC. No.40117 of 2021 dt.24-08-2021

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the

petitioner being named as an accused on the basis of information

received from confidential sources and having no criminal

antecedent as also the mango orchard and poultry farm not

belonging to the petitioner, the Court is inclined to allow the

prayer for pre-arrest bail.

8. 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 Act,

Begusarai in Bhagwanpur PS Case No. 80 of 2021, 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.40117 of 2021 dt.24-08-2021

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.

9. 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.

                     10.    The     petition      stands     disposed         of   in   the

           aforementioned terms.


                                               (Ahsanuddin Amanullah, J.)


P. Kumar

AFR/NAFR
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