Rupesh Kumar @ Tenia vs The State Of Bihar
2021 Latest Caselaw 106 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.32232 of 2020
     Arising Out of PS. Case No.-235 Year-2020 Thana- TEGHRHA District- Begusarai
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Rupesh Kumar @ Tenia, aged about 23 years (Male) Son of Late Abhinandan Singh R/o Village- Harpur Gachhi tola, P.S.- Barauni (Refinery), District- Begusarai.

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

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

For the Petitioner/s : Mr. Nasrul Hoda Khan, Advocate For the State : Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-01-2021

Heard Mr. Nasrul Hoda Khan, learned counsel for the

petitioner and Mr. Akhileshwar Dayal, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Teghra

PS Case No. 235 of 2020 dated 16.08.2020, instituted under

Sections 414 and 120B of the Indian Penal Code and Sections

30(a) and 40(i)(2) of Bihar Prohibition and Excise Act, 2018.

3. The allegation against the petitioner is that the persons

who were arrested with liquor by the police had stated that they

had got the liquor from the petitioner's house who was dealing in

such liquor.

4. Learned counsel for the petitioner submitted that

based on this the petitioner was arrested and then he was Patna High Court CR. MISC. No.32232 of 2020 dt.11-01-2021

implicated in another case, and when the police went to his house

there was recovery for which another case was instituted in which

he is on bail. Learned counsel submitted that even the house from

which recovery was made is jointly inhabited by many other

family members and the petitioner cannot be held exclusively

liable for the same. Learned counsel submitted that in the present

case, the petitioner is in custody since 03.09.2020.

5. Learned APP submitted that from the house of the

petitioner liquor being recovered itself indicates that he was in the

business of such trade.

6. Having considered the facts and circumstances of the

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

petitioner 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 learned 2 nd Additional

Sessions Judge-cum-Special Judge, Excise Act, Begusarai in

Teghra PS Case No. 235 of 2020, subject to the conditions (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 Patna High Court CR. MISC. No.32232 of 2020 dt.11-01-2021

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)

Vikash/-

AFR/NAFR U T