Patna High Court
Vijay Kumar vs The State Of Bihar on 9 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31714 of 2020
Arising Out of PS. Case No.-364 Year-2020 Thana- KANTI THARMAL POWER District-
Muzaffarpur
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1. Vijay Kumar, aged about 19 yeas, Male, son of Panchu Ray, Resident of
Village - Harchanda, P.S.- Kanti (Panapur O.P.), District - Muzaffarpur.
2. Arvind Kumar, aged about 25 years, Male, Son of Banslal Ray, Resident of
Village - Harchanda, P.S.- Kanti, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate
For the State : Mr. Umesh Lal Verma, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 09-02-2021
The matter has been heard via video conferencing.
2. Heard Ms. Bela Singh, learned counsel for the
petitioners and Mr. Umesh Lal Verma learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
3. The petitioners apprehend arrest in connection with
Kanti PS Case No.364 of 2020 dated 01.07.2020 instituted
under Section 30(a) of the Bihar Prohibition and Excise Act,
2016 (hereinafter referred to as the 'Act').
4. The allegation against the petitioners is that when
the police was on patrolling duty, they got information about the
petitioners selling foreign liquor on a brown coloured Apache
motorcycle and when they reached Harchanda Chowk, two
Patna High Court CR. MISC. No.31714 of 2020 dt.09-02-2021
persons were coming and the pillion rider was holding a bag and
when they were asked to stop, they fled away leaving the
motorcycle taking advantage of darkness and on noise the
villagers had assembled and they disclosed that the petitioners
were the persons, who were indulging in this business and were
on that motorcycle.
5. Learned counsel for the petitioners submitted that
there cannot be any identification at 10'o clock at night and
further that no independent witness has signed the seizure list
and, thus, it is surprising as to who among the locals had
disclosed the name of the petitioners as being the persons, who
had run away. It was further submitted that nothing has been
recovered from their house and the motorcycle does not belong
to them and that they have no criminal antecedent. It was further
submitted that the bar of Section 76(2) of the Act would not
apply in the present case as there is nothing to connect the
recovered liquor to the petitioners.
6. Learned APP submitted that the police had
information about the petitioners selling liquor on the
motorcycle and the local people, who had assembled at the
place of occurrence, informed that it was the petitioners, who
had run away.
Patna High Court CR. MISC. No.31714 of 2020 dt.09-02-2021
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs.25,000/- (twenty five thousand) each
with two sureties of the like amount each to the satisfaction of
the Court of Special Judge, Excise, Muzaffapur, in Kanti PS
Case No.364 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
petitioners, (ii) that the petitioners and the bailors shall execute
bond with regard to good behaviour of the petitioners, and (iii)
that the petitioners shall also give an undertaking to the Court
that they 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 their bail bonds. The petitioners 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
their bail bonds.
Patna High Court CR. MISC. No.31714 of 2020 dt.09-02-2021
8. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
