Kanhaiya Singh vs The State Of Bihar
2021 Latest Caselaw 3288 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.36639 of 2020
   Arising Out of PS. Case No.-152 Year-2020 Thana- SURYAGARHA District- Lakhisarai
 ======================================================

Kanhaiya Singh, aged about 34 years, Gender- Male, son of Bhaso Singh, resident of village - Ramchandarpur, P.S. - Suryagrha, District - Lakhisarai ... ... Petitioner/s

Versus

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

 For the Petitioner/s    :        Mr. Mayank Bilochan, 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. Mayank Bilochan, 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

Suryagarha PS Case No. 152 of 2020 dated 11.08.2020,

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

involved with recovery of liquor from a mini truck and boat

totalling 970.800 litres.

5. Learned counsel for the petitioner submitted that Patna High Court CR. MISC. No.36639 of 2020 dt.12-07-2021

when the police on information that illegal wine of co-accused,

Rambaran Yadav, was being taken towards Surjichak river ghat

by mini truck, reached there, 8-10 persons started fleeing away

and the police tried to catch them, but due to darkness they fled

away and the local Chaukidar, spy and villagers had identified

them as Rambaran Yadav, Kanhaiya Singh (petitioner), Munna

Singh and Niraj Singh. It was submitted that very identification

is doubtful for the reason that when due to darkness the culprits

had run away, there was no occasion for any person, be it the

Chaukidar or the villagers to have identified the petitioner and

others. Further, it was submitted that neither the mini truck nor

the boat nor the recovered liquor belongs to the petitioner and

nothing has been recovered from his house or property. Learned

counsel submitted that Rambaran Yadav has been granted

anticipatory bail by a coordinate Bench in Cr. Misc. No. 2982 of

2021 by order dated 19.05.2021. It was submitted that the

petitioner has no other criminal antecedent and further, since

there is nothing to legally connect the petitioner to the recovered

liquor or the mini truck or the boat, the bar of Section 76(2) of

the Act would not apply in the present case.

6. Learned APP submitted that the petitioner was

identified as one of the four persons who ran away from the spot Patna High Court CR. MISC. No.36639 of 2020 dt.12-07-2021

and was identified by the Chaukidar, spy and villagers.

However, it was not controverted that the occurrence took place

between 06.30-09.30 PM and that the accused had managed to

flee in the cover of darkness.

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 Additional District & Sessions Judge-II-cum Special

Judge, Excise, Lakhisarai, in Suryagarha PS Case No. 152 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 Patna High Court CR. MISC. No.36639 of 2020 dt.12-07-2021

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 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