Vijay Yadav vs The State Of Bihar
2021 Latest Caselaw 3021 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 36632 of 2020
   Arising Out of PS Case No.-38 Year-2020 Thana- KOTWA District- East Champaran
======================================================

Vijay Yadav, aged about 30 years, Male, Son of Yogi Rai, Resident of Village - Dipau, P.S.- Kotwa, District - East Champaran.

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

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

For the Petitioner/s    :       Mr. Abhishek Kumar, Advocate
For the State           :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Abhishek Kumar, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public

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

3. The petitioner apprehends arrest in connection with

Kotwa (Bhopatpur O.P.) PS Case No. 38 of 2020 dated

30.01.2020, instituted under Sections 272/273/337/338/34 of the

Indian Penal Code and 30(a) of the Bihar Prohibition and Excise

Act, 2016 (hereinafter referred to as the 'Act').

4. The allegation against the petitioner is that two

vehicles collided with each other and when the police reached,

the driver of both the vehicles fled away and the villagers and

the police spy disclosed that the petitioner was the driver of the Patna High Court CR. MISC. No. 36632 of 2020 dt.05-07-2021

pick-up van and co-accused Sanoj Kumar Yadav was the driver

of a Santro Car, both of whom had fled away and from the pick-

up van driven by the petitioner, 8.280 litres of foreign liquor

was seized.

5. Learned counsel for the petitioner submitted that he

was neither caught nor source of identification has been

disclosed as it is vaguely stated that the villagers and police spy

disclosed that the petitioner was the driver of the pick-up van. It

was submitted that the accident occurred at a place where it is

not expected that the people who gathered there would

recognize the petitioner in any manner. Learned counsel

submitted that the petitioner has no connection, either with the

pick-up van or with the recovered liquor. It was submitted that

the petitioner has no criminal antecedent Thus, it was contended

that as there is nothing to connect the petitioner to the recovered

liquor, the bar of Section 76(2) of the Act would not come into

play.

6. Learned APP submitted that the petitioner was the

driver of the pick-up van from which there is recovery of liquor.

However, it was not controverted that the police came due to the

accident of two vehicles and that the source of who had

identified the petitioner as the driver of the pickup van has not Patna High Court CR. MISC. No. 36632 of 2020 dt.05-07-2021

been mentioned in the FIR.

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 two sureties of the like amount each to the satisfaction of

the learned 7th Additional Sessions Judge-cum-Special Judge,

Excise, Motihari, East Champaran in Kotwa (Bhopatpur O.P.)

PS Case No. 38 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, (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, and (iv) that the petitioner shall

cooperate with the Court and police/prosecution. Any violation

of the terms and conditions of the bonds or the undertaking or

failure to cooperate shall lead to cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring any Patna High Court CR. MISC. No. 36632 of 2020 dt.05-07-2021

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.

9. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T