Patna High Court
Suman Singh vs The State Of Bihar on 12 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31742 of 2020
Arising Out of PS. Case No.-180 Year-2019 Thana- BARURAJ District- Muzaffarpur
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Suman Singh, aged about 40 years, Gender-Male, S/o Late Bhola Singh,
Resident of Village- Shripur, Police Station- Kudhani, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ravi Nandan, Advocate
For the State : Mr. Narendra Kumar Singh,
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 12-02-2021
Heard Mr. Ravi Nandan, learned counsel for the
petitioner and Mr. Narendra Kumar Singh, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
2. The petitioner apprehends arrest in connection with
Baruraj PS Case No.180 of 2019 dated 27.08.2019, instituted
under Sections 414 of the Indian Penal Code and 30(a) of the
Bihar Prohibition and Excise Act, 2016 (hereinafter referred to
as the "Act").
3. The allegation against the petitioner is that part of
illicit liquor totalling 3251.70 litres, seized from various
vehicles, was that of the petitioner.
4. Learned counsel for the petitioner submitted that he
Patna High Court CR. MISC. No.31742 of 2020 dt.12-02-2021
has been falsely implicated as he has no connection either with
the vehicle or the recovered liquor. It was submitted that the
petitioner was not caught and the allegation is that he had run
away taking advantage of darkness, which is not true. It was
further submitted that nothing has been recovered from the
house of the petitioner and further, that he has no other criminal
antecedent. Thus, learned counsel submitted that since there is
no connection between recovery of liquor and the petitioner, the
bar of Section 76(2) of the Act shall not apply in the present
case.
5. Learned APP submitted that the persons, who were
caught, have taken the name of the petitioner as being one of the
persons, who were escorting the vehicles from which recovery
was made.
6. 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 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 Special Judge, Excise, Muzaffarpur, in Baruraj PS Case
No.180 of 2019, subject to the conditions laid down in Section
Patna High Court CR. MISC. No.31742 of 2020 dt.12-02-2021
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 also lead to cancellation of his
bail bonds.
7. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
