Muntun Singh @ Rakesh Kumar Singh vs The State Of Bihar
2021 Latest Caselaw 3368 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.15233 of 2021
      Arising Out of PS. Case No.-467 Year-2019 Thana- PAROO District- Muzaffarpur
 ======================================================

Muntun Singh @ Rakesh Kumar Singh, aged about 52 years, Gender- Male, son of Late Brajkishor Singh Resident of Village-Hardi, Police Station.- Kathaiya, District- Muzaffarpur.

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

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

 For the Petitioner/s     :        Mr. Ravi Nandan, Advocate
 For the State            :        Ms. Sharda Kumari, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15-07-2021

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

09.07.2021, which was allowed.

3. Heard Mr. Ravi Nandan, learned counsel for the

petitioner and Ms. Sharda Kumari, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with

Paroo PS Case No. 467 of 2019 dated 08.11.2019, instituted under

Sections 307/34 of the Indian Penal Code; 27 of the Arms Act,

1959 and 30/30(a) of the Bihar Prohibition and Excise Act, 2016

(hereinafter referred to as the 'Act').

Patna High Court CR. MISC. No.15233 of 2021 dt.15-07-2021

5. The allegation, as per the FIR is that when police,

upon information that liquor traders were unloading liquor from a

truck in the Chaur of village-Tarwa, Majhauliya near old sugar

mill of Raju Singh, reached the spot, the persons in torch light

started firing on the raiding team and fled away and on the spot

one truck and a vehicle of Force Company was standing and on

the truck one person namely Dharmendra Das was found and from

the truck and the Force Company vehicle total 2499.840 litres of

liquor was recovered and the arrested person has taken the name

of the petitioner and others as being the persons who were dealing

in such business of liquor.

6. Learned counsel for the petitioner submitted that the

allegation is of identification on the basis of statement of the

arrested co-accused, but without there being any other material to

connect him to the recovered liquor. It was submitted that the

petitioner has no other criminal antecedent and also has no

connection, either with the liquor or the seized vehicles. Thus, it

was submitted that the bar of Section 76(2) of the Act, with regard

to maintainability of the present petition, would not apply.

Learned counsel submitted that similarly situated co-accused

Arjun Kuer has been granted anticipatory bail by a co-ordinate Patna High Court CR. MISC. No.15233 of 2021 dt.15-07-2021

Bench by order dated 18.06.2020 passed in Cr. Misc. No. 9573 of

2020.

7. Learned APP submitted that there has been recovery

of huge quantity of liquor from two vehicles.

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

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, Muzaffarpur in Paroo PS Case No.

467 of 2019, 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 Patna High Court CR. MISC. No.15233 of 2021 dt.15-07-2021

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

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