Krishna Singh vs The State Of Bihar
2021 Latest Caselaw 2740 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.36540 of 2020
     Arising Out of PS. Case No.-596 Year-2018 Thana- BIKRAMGANJ District- Rohtas
 ======================================================

Krishna Singh, aged about 30 years, (Male), son of Ramakant Singh, R/o village- Dhangain, P.S.- Bikramganj, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the State : Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Rajani Kant Singh, learned counsel for

the petitioner and Dr. Kumar Uday Pratap, learned Additional

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

State.

3. The petitioner apprehends arrest in connection with

Bikramganj PS Case No. 596 of 2018 dated 31.12.2018,

instituted under Sections 33 and 36 of the Bihar Prohibition and

Excise Act, 2016 (hereinafter referred to as the 'Act').

4. The allegation in the FIR is that on secret

information that the petitioner was dealing in liquor, when the

police went to the spot, one person was seen running away from

the Arhar paddy field of Mesar Singh and the Chaukidar is said Patna High Court CR. MISC. No.36540 of 2020 dt.28-06-2021

to have identified the petitioner as the person who had fled

away.

5. Learned counsel for the petitioner submitted that

the field does not belong to him and further, that nothing has

been recovered from his house. Learned counsel submitted that

allegation of him being identified by the Chaukidar is also

incorrect as from the very beginning, the police had gone with

the preconceived notion that it was the petitioner, who was

doing trade in liquor, and without correct identification, the

person, who is said to have fled away, was identified as the

petitioner, only to corroborate the initial allegation against him

in the FIR. Learned counsel submitted that the petitioner has no

other case under the Act against him. It was further submitted

that the bar of Section 76(2) of the Act would not come into

play in the present case as there is nothing to connect the ten

litres liquor which has been recovered by the police from the

field of co-accused.

6. Learned APP submitted that the police had prior

information that it was the petitioner, who was in the business of

selling liquor, and the Chaukidar has also identified him.

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.36540 of 2020 dt.28-06-2021

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 2nd Additional District and Sessions Judge-cum-

Special Judge, Excise, Rohtas at Sasaram, in Bikramganj PS

Case No. 596 of 2018, 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 Patna High Court CR. MISC. No.36540 of 2020 dt.28-06-2021

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

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T