Love Kumar @ Lav Kumar @ Lav Kumar ... vs The State Of Bihar
2021 Latest Caselaw 2436 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.35520 of 2020
      Arising Out of PS. Case No.-147 Year-2020 Thana- BAJPATTI District- Sitamarhi
 ======================================================

Love Kumar @ Lav Kumar @ Lav Kumar Pandit, aged about 26 years, Gender-Male, son of Bahadur Pandit, resident of village- Bajpatti Sahu Tol @ Bangaon bazar, ward no.- 11, P.S.- Bajpatti, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Santosh Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Santosh Kumar, learned counsel for the

petitioner and Mr. Jharkhandi Upadhyay, learned Additional

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

State.

3. The petitioner apprehends arrest in connection with

Bajpatti PS Case No. 147 of 2020 dated 04.05.2020, 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 along

with co-accused, Alok Kumar, was dealing in the business of Patna High Court CR. MISC. No.35520 of 2020 dt.21-06-2021

liquor.

5. Learned counsel for the petitioner submitted that no

recovery has been made from the house of the petitioner and the

same has been made from the house of the co-accused and only

because the co-accused has made statement, that too before the

police, that the petitioner had brought and kept the wine in his

house, he has been implicated. It was that submitted that the

petitioner's name has been taken due to rivalry as he is

neighbour of co-accused and has a furniture shop. It was, thus,

submitted that the bar under Section 76(2) of the Act would not

apply as the recovered liquor cannot be connected to the

petitioner.

6. Learned APP submitted that the person from whose

house liquor has been recovered has taken the name of the

petitioner and that it was the petitioner, who had brought the

liquor and, thus, is involved in such trade.

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 Patna High Court CR. MISC. No.35520 of 2020 dt.21-06-2021

the learned ADJ II cum Special Judge, Excise Act, Sitamarhi, in

Bajpatti PS Case No. 147 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

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 application stands disposed off in the Patna High Court CR. MISC. No.35520 of 2020 dt.21-06-2021

aforementioned terms.

(Ahsanuddin Amanullah, J) J. Alam/-

AFR/NAFR U T