Vijay Kumar @ Vinay Kumar vs The State Of Bihar
2021 Latest Caselaw 3194 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.37172 of 2020
    Arising Out of PS. Case No.-212 Year-2020 Thana- SAHEBPUR KAMAL District-
                                       Begusarai
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Vijay Kumar @ Vinay Kumar, male, aged about 25 years, Son of Ram Walak Singh, Resident of Village- Panchveer, P.S. Sahebpur Kamal, Dist. Begusarai

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

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

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

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ashish 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

Sahebpur Kamal PS Case No. 212 of 2020 dated 29.06.2020,

instituted under Section 30(a) of the Bihar Prohibition and Excise

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

4. The allegation against the petitioner is that he was one

of the four persons and three persons who had run away from the

Car which was intercepted by the police from which 40.125 litres

of liquor was recovered and the driver of the vehicle was caught,

who has disclosed his name as Shubham Kumar, and had taken the Patna High Court CR. MISC. No.37172 of 2020 dt.08-07-2021

name of the petitioner, Balveer Paswan and Nitish Kumar, that

they were the three persons who had run away and the liquor was

taken from Murari Singh.

5. Learned counsel for the petitioner submitted that

besides not being caught at the spot he has been falsely implicated

by Shubham Kumar due to old family dispute. In support of such

contention, learned counsel drew the attention of the Court to

Annexure-2, i.e., the pleader notice sent by the mother of Shubham

Kumar, and an agnate of the father of the petitioner, dated

10.11.2018 for seeking return of the money he had taken. Thus, it

was contented that there cannot be any question of there being any

good relationship or partnership of the petitioner with Shubham

Kumar, who was caught by the police. It was submitted that the

petitioner has no other criminal antecedent. Learned counsel

submitted that the petitioner has no concern with the vehicle from

which recovery has been made and, thus, such recovery cannot be

connected to him and the bar of Section 76(2) of the Act would not

apply in the present case.

6. Learned APP submitted that the driver, who was

caught by the police, has named the petitioner.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the Patna High Court CR. MISC. No.37172 of 2020 dt.08-07-2021

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 Act-cum-Additional Sessions Judge,

Begusarai in Sahebpur Kamal PS Case No. 212 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 Patna High Court CR. MISC. No.37172 of 2020 dt.08-07-2021

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