Rahul Kumar vs The State Of Bihar
2021 Latest Caselaw 2925 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.36603 of 2020
  Arising out of PS. Case No.-115 Year-2020 Thana- NOWKOTHI GARHPURA District-
                                        Begusarai
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Rahul Kumar, (Male), aged about 23 years, Son of Vakil Sahni, Resident of village - Hasanpur Bazar, P.S. - Nawkothi, 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. Ajay Kumar Jha, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-07-2021 The matter has been heard via video conferencing.

2. Heard Mr. Nasrul Hoda Khan, learned counsel for the

petitioner and Mr. Ajay Kumar Jha, learned Additional Public

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

3. The petitioner apprehends arrest in connection with

Nawkothi PS Case No. 115 of 2020 dated 29.07.2020, instituted

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

(hereinafter referred to as the 'Act').

4. As per the FIR, the police received information that

the petitioner and Lakshmi Sahani were indulging in the business

of liquor and when the police reached the house of co-accused

Lakshmi Sahani and asked to search he did not permit them to

enter and, thus, they went into the backyard and from there liquor Patna High Court CR. MISC. No.36603 of 2020 dt.01-07-2021

of various brands totalling 16.2 litres and 7.2 litres of country-

made wine was recovered kept in two bags. It is alleged that the

co-accused Lakshmi Sahani and petitioner ran away from the spot.

5. Learned counsel for the petitioner submitted that the

police is said to have gone to the house of co-accused Lakshmi

Sahani at 9.15 PM when it was dark and, thus, there could not

have been any identification of the petitioner as the house was not

of the petitioner. It was further submitted that whatever has been

recovered is from the house of co-accused Lakshmi Sahani. Thus,

it was submitted that as there is no nexus between the recovered

liquor and the petitioner, bar of Section 76(2) of the Act shall not

apply. Further, it was submitted that the petitioner has no criminal

antecedent.

6. Learned APP submitted that the petitioner has been

identified as one of the two persons who had run away from the

spot. However, it was not controverted that the recovery has been

made from the backyard of co-accused Lakshmi Sahani.

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 petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with Patna High Court CR. MISC. No.36603 of 2020 dt.01-07-2021

two sureties of the like amount each to the satisfaction of the

Additional Sessions Judge-II-cum-Special Judge, Excise Act,

Begusarai in Nawkothi PS Case No. 115 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.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

Patna High Court CR. MISC. No.36603 of 2020 dt.01-07-2021

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Vikash/-

AFR/NAFR U T