Anil Kumar vs The State Of Bihar
2021 Latest Caselaw 3286 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.37194 of 2020
       Arising Out of PS. Case No.-189 Year-2020 Thana- PIRBAHOR District- Patna
 ======================================================

Anil Kumar (Male), aged about 26 years, son of Ashok Sah, resident of Village - Naya Gaon, P.S.- Pirbahore, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s    :        Mr. Manoj Kumar Pandey, Advocate
 For the State           :        Mr. Binod Kumar No. 3, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Manoj Kumar Pandey, learned counsel

for the petitioner and Mr. Binod Kumar No. 3, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

3. The petitioner apprehends arrest in connection with

Pirbahore PS Case No. 189 of 2020 dated 22.04.2020, 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 to Musallahpur Kargil, from the

kabari shop of one Vishal Kumar, 44.1 litres of English wine

was recovered and he is said to have stated that he was doing Patna High Court CR. MISC. No.37194 of 2020 dt.12-07-2021

such business along with the previous owner of the shop i.e., the

petitioner.

5. Learned counsel for the petitioner submitted that

neither any recovery has been made from the house or premises

of the petitioner nor is there anything to connect the recovered

wine to him and, thus, bar of Section 76(2) of the Act would not

apply. It was submitted that only on the statement of Vishal

Kumar, who was arrested, the petitioner has been made accused

and he has falsely named the petitioner for the reason that at the

time when the petitioner had given his shop to Vishal Kumar,

some amount was left unpaid and the petitioner was asking him

to do so. Learned counsel submitted that the petitioner has no

other criminal antecedent under the Act, though he was accused

in Mahila PS Case No. 15 of 2019 (Patna) instituted under

Sections 376, 420, 504 of the Indian Penal Code, but later on, he

has married the informant and now, living happily as husband

and wife.

6. Learned APP submitted that Vishal Kumar has

stated that he was doing the business of liquor along with the

petitioner.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in Patna High Court CR. MISC. No.37194 of 2020 dt.12-07-2021

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 Pirbahore PS Case

No. 189 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 Patna High Court CR. MISC. No.37194 of 2020 dt.12-07-2021

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