Ajay Singh @ Ajay Kumar Singh vs The State Of Bihar
2021 Latest Caselaw 3193 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 7684 of 2021
      Arising Out of PS Case No.-34 Year-2020 Thana- BATHNAHA District- Sitamarhi
 ======================================================

Ajay Singh @ Ajay Kumar Singh, aged about 22 years, Male Son of Madan Mohan Singh, Resident of Village- Bhupbhairo, PS- Sitamarhi, District- Sitamarhi.

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

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

For the Petitioner/s : Mr. Uday Kumar, Advocate For the State : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-07-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner on

02.07.2021, which was allowed.

3. Heard Mr. Uday Kumar, learned counsel for the

petitioner and Mr. Navin Kumar Pandey, learned Additional

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

State.

4. The petitioner apprehends arrest in connection with

Bathnaha PS Case No. 34 of 2020 dated 22.02.2020, instituted

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

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

Patna High Court CR. MISC. No.7684 of 2021 dt.08-07-2021

5. The allegation against the petitioner is that when

police intercepted a tempo and arrested the driver, Chote Rai, 71.4

litres of nepali saufi wine was recovered from the tempo and he

disclosed that he along with the petitioner was doing this business

for the last one month.

6. Learned counsel for the petitioner submitted that he

has no connection either with the arrested Chote Rai or the tempo

and has been falsely implicated due to local petty politics. Further,

learned counsel submitted that there has been no recovery from

the house of the petitioner though it has been stated in the FIR that

the wine used to be brought from Nepal and taken to the house of

the petitioner. Learned counsel 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 apply.

7. Learned APP submitted that the arrested driver of the

tempo has confessed that he was dealing in liquor along with the

petitioner.

8. 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 Patna High Court CR. MISC. No.7684 of 2021 dt.08-07-2021

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

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

learned Additional District and Sessions Judge 2 nd cum-Special

Judge (Excise) Sitamarhi District Sitamarhi in Bathnaha PS Case

No. 34 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.

9. 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 Patna High Court CR. MISC. No.7684 of 2021 dt.08-07-2021

action on the same after giving opportunity of hearing to the

petitioner.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T