Rahul Ojha vs The State Of Bihar
2021 Latest Caselaw 3547 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 37717 of 2020
          Arising Out of PS. Case No.-137 Year-2020 Thana- SIMRI District- Buxar
 ======================================================

Rahul Ojha, aged about 35 years Male, Son of Brijbhan Ojha, Resident of Village Nimez, PS- Brahampur, District- Bhojpur.

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

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

For the Petitioner/s : Mr. Sheo Jee Mishra, Advocate For the State : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Sheo Jee Mishra, learned counsel for the

petitioner and Mr. Chandrasen Prasad Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner apprehends arrest in connection with

Simri PS Case No. 137 of 2020 dated 13.05.2020, instituted under

Sections 188, 269, 270, 271/34 of the Indian Penal Code and 30(a)

of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred

to as the 'Act').

Patna High Court CR. MISC. No.37717 of 2020 dt.20-07-2021

4. The allegation against the petitioner, though not

named in the FIR, is that from the Scorpio vehicle from which 4.5

litres of liquor was recovered, when the arrested persons were in

the police station, the driver received a call from the petitioner.

5. Learned counsel for the petitioner submitted that the

Scorpio belonged to Sanjay Kumar Tiwari @ Munna Tiwari,

Buxar Town MLA and was used for delivering food packages

during pandemic and in that connection, the petitioner had rung up

the driver of the vehicle to know the position. It was submitted

that had the petitioner been involved, he would not have rung up

the driver, that too, when he was in the police station after being

arrested. Learned counsel submitted that the petitioner has no

criminal antecedent and none of the four persons, including the

driver, have taken his name in any capacity which would indicate

that he was in no way connected with the recovered 4.5 litres of

liquor. Thus, learned counsel submitted that the bar of Section

76(2) of the Act would not apply in the present case as no offence

against the petitioner is made out under the Act.

6. Learned APP submitted that the petitioner having

rung up the driver indicates that he is also involved in such

business along with the arrested persons.

Patna High Court CR. MISC. No.37717 of 2020 dt.20-07-2021

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 2nd Additional District and Sessions Judge-cum- Special

Judge of Excise, Buxar in Simri PS Case No. 137 of 2020, subject

to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973 and further, 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 and give undertaking

with regard to good behaviour of the petitioner and (iii) that the

petitioner shall co-operate with the Court and police/prosecution.

Any violation of the terms and conditions of the bonds or the

undertaking or failure to co-operate shall 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.

Patna High Court CR. MISC. No.37717 of 2020 dt.20-07-2021

9. The petition stands disposed off in the aforementioned

terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T