Keshav Kumar vs The State Of Bihar
2021 Latest Caselaw 1311 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.32035 of 2020
     Arising Out of PS. Case No.-231 Year-2020 Thana- BARAUNI District- Begusarai
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Keshav Kumar (Male-about 27 years), S/O Shambhu Singh, R/O- Vill.- Keshave, P.S. - Barauni (Refinary O.P.), Dist. - Begusarai.

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

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the State : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Shubhesh Pandey, learned counsel for the

petitioner and Mr. Jai Narain Thakur, learned Additional Public

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

3. The petitioner apprehends arrest in connection with

Barauni (Refinery OP) PS Case No. 231 of 2020 dated

01.07.2020, instituted under Sections 414 of the Indian Penal

Code and 30(a)/41(1)(2) of the Bihar Prohibition and Excise

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

4. The allegation against the petitioner and others is of

dealing in illicit liquor and that from the truck and pick-up van

when co-accused Mohit Kumar was arrested, he had taken the

name of the petitioner and four other persons as being involved Patna High Court CR. MISC. No.32035 of 2020 dt.08-03-2021

in the trade of liquor.

5. Learned counsel for the petitioner submitted that

besides there being no recovery from him or his house, only on

the statement of co-accused Mohit Kumar he has been

implicated in the case. It was further submitted that the

petitioner has no criminal antecedent. Learned counsel

submitted that Mohit Kumar who was arrested has been granted

bail by a coordinate bench on 01.02.2021 in Cr. Misc. No.

36813 of 2020 whereas similarly situated co-accused Randhir

Singh @ Mintu Singh @ Randhir Kumar @ Mintu has been

granted anticipatory bail by a co-ordinate bench by order dated

20.01.2021 in Cr. Misc. No. 30550 of 2020. It was submitted

that there is nothing to connect the petitioner with the recovered

liquor and, thus, the bar of Section 76(2) of the Act would not

apply.

6. Learned APP submitted that the arrested person

Mohit Kumar has indicated that the petitioner was also one of

the persons who was involved with the recovery of liquor made

by the police.

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 Patna High Court CR. MISC. No.32035 of 2020 dt.08-03-2021

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 Sessions Judge II-cum-Special Judge,

Excise Act, Begusarai in Barauni (Refinery OP) PS Case No.

231 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 Patna High Court CR. MISC. No.32035 of 2020 dt.08-03-2021

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)

Anjani/-

AFR/NAFR U T