Patna High Court
Shyam Singh @ Shyam Kumar vs The State Of Bihar on 9 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37188 of 2020
Arising Out of PS. Case No.-110 Year-2020 Thana- KHAGAUL District- Patna
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Shyam Singh @ Shyam Kumar, aged about 20 years, male, S/o Jitendra
Singh, R/o Village- Kothwa, P.S.- Khagaul, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Navnit Kumar, Advocate
For the State : Mr. Binod Kumar No. 2, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 09-07-2021
The matter has been heard via video conferencing.
2. Heard Mr. Navnit Kumar, learned counsel for the
petitioner and Mr. Binod Kumar No. 2, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
3. The petitioner apprehends arrest in connection with
Khagaul PS Case No. 110 of 2020 dated 17.06.2020, 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 when
the police, on information, went at the place of occurrence, three
young persons, who were riding a Scooty, tried to flee away
after leaving the Scooty and the police caught one person, who
Patna High Court CR. MISC. No.37188 of 2020 dt.09-07-2021
disclosed his name as Rahul Kumar and in presence of
independent witnesses, five bottles, each containing 500 ML of
liquor was recovered and from the back pocket of the jeans of
the arrested person, one mobile and rupees four thousand cash
was also recovered and he had disclosed the name of the
petitioner along with Triloki Kumar as the persons, who had
fled away.
5. Learned counsel for the petitioner submitted that he
has no concern with the recovered liquor and since the parties
are known to each other living in the same area there was
friendship, but the petitioner was not aware of anything which
was in the Scooty for the reason that the Scooty did not belong
to him and the same was owned by the person, who was caught
by the police. Thus, it was contended that since there is nothing
to connect the petitioner, either to the Scooty or the recovered
liquor, the bar of Section 76(2) of the Act would not apply.
Further, it was submitted that there has been no recovery from
the house of the petitioner and he has no other criminal
antecedent.
6. Learned APP submitted that there has been
recovery of liquor. However, it was not controverted that the
name of the petitioner has transpired from the statement of the
Patna High Court CR. MISC. No.37188 of 2020 dt.09-07-2021
accused, who was caught at the spot.
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 Special Judge, Excise, Patna, in Khagaul PS Case
No. 110 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
Patna High Court CR. MISC. No.37188 of 2020 dt.09-07-2021
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.
9. The petition stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
