Kamlesh Yadav @ Kamlesh Rai @ ... vs The State Of Bihar
2021 Latest Caselaw 513 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.30714 of 2020
     Arising Out of PS. Case No.-11 Year-2020 Thana- JANTA BAZAR District- Saran
======================================================

Kamlesh Yadav @ Kamlesh Rai @ Kamlesh Kumar Yadav, Gender-male, Aged about 24 years, S/o Parshuram Ray @ Pashuram Roy, R/o Village- Bhatwaliya, P.S-Janta Bazar, District-Saran at Chapra 841224.

... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narayan, Advocate For the State : Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-01-2021

Heard Mr. Jitendra Narayan, learned counsel for the

petitioner and Mr. Kumar Virendra Narayan, learned Additional

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

State.

2. The petitioner apprehends arrest in connection with

Janta Bazar PS Case No. 11 of 2020 dated 29.01.2020, instituted

under Sections 272/273/34 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 on secret

information by the police that he was carrying liquor in a car,

when they stopped the Alto Car, one person ran away and from

the car 148.680 litres English wine was recovered.

4. Learned counsel for the petitioner submitted that Patna High Court CR. MISC. No.30714 of 2020 dt.30-01-2021

due to local rivalry as his father is a prospective candidate in the

upcoming local elections, a wrong information was given about

the petitioner driving the car. It was submitted that the petitioner

has neither been caught nor identified as the person who ran

away from the Maruti Alto car which was seized and from

which recovery is said to have been made. Learned counsel

submitted that he has neither any connection with the car nor the

recovered liquor and has no criminal antecedent. It was

submitted that the bar of Section 76(2) of the Act would not

apply as there is nothing to connect the petitioner to the

recovered liquor.

5. Learned APP submitted that the police had

information that it was the petitioner who was driving the car.

However, it was not controverted that the petitioner has been

caught nor anyone has identified him as the person who ran

away from the car.

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)

each with two sureties of the like amount each to the satisfaction Patna High Court CR. MISC. No.30714 of 2020 dt.30-01-2021

of the learned Additional Sessions Judge-II-cum-Special Judge,

Excise Act, Saran at Chapra in Janta Bazar PS Case No. 11 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 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)

Anjani/-

AFR/NAFR U T