Prithivi Raj vs The State Of Bihar
2021 Latest Caselaw 475 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 28105 of 2020
       Arising Out of PS Case No.-3 Year-2020 Thana- AGAMKUAN District- Patna
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Prithivi Raj, aged about 27 years, Gender-M, Son of Late Mithilesh Prasad Yadav, Resident of Village- Daber Gali Ghera, Naya Tola, Kumhrar, P.S.- Agam Kuan, District- Patna.

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

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the State : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-01-2021

Heard Mr. Vijay Kumar Sinha, learned counsel for the

petitioner and Mr. Parmanand Kumar, learned Additional Public

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

2. The petitioner apprehends arrest in connection with

Agam Kuan PS Case No. 03 of 2020 dated 01.01.2020, instituted

under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that the co-

accused from whose house liquor was recovered has named him

as his partner in such business. It was submitted that neither any

recovery has been made from his place nor there is any direct link

of the recovered liquor to the petitioner except for the so-called

confessional statement of co-accused, that too, before the police.

Patna High Court CR. MISC. No.28105 of 2020 dt.29-01-2021

4. Learned APP submitted that the person from whose

house recovery has been made has named the petitioner as his

partner.

5. 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

learned Special Judge, Excise, Patna in Agam Kuan PS Case No.

03 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, (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 Patna High Court CR. MISC. No.28105 of 2020 dt.29-01-2021

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

6. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T