Ankur Yadav vs The State Of Bihar
2021 Latest Caselaw 1315 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.32012 of 2020
Arising Out of PS Case No.-77 Year-2020 Thana- SAHEBPUR KAMAL District- Begusarai
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Ankur Yadav, aged about 26 years, Male, Son of Shiv Shankar Yadav, Resident of village- Sabdalpur, PS- Sahebpur Kamal, District- Begusarai.

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

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

For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the State : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Manoj Kumar Singh, learned counsel for

the petitioner and Mr. Amit Kumar Rakesh, learned Additional

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

State.

3. The petitioner apprehends arrest in connection with

Sahebpur Kamal PS Case No. 77 of 2020 dated 11.03.2020,

instituted under Section 30(a) of the Bihar Excise and Prohibition

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

Patna High Court CR. MISC. No.32012 of 2020 dt.08-03-2021

4. The allegation against the petitioner and co-accused

Subhas Yadav is that they were indulging in the business of illicit

liquor and from the wheat field of co-accused Subhas Yadav,

recovery was of 7.5 litres of illicit liquor.

5. Learned counsel for the petitioner submitted that he

has no connection either with the recovery or co-accused and, that

the same has not been from his premises as it was from the wheat

field of co-accused Subhas Yadav. It was submitted that the

petitioner has no criminal antecedent. Learned counsel submitted

that since there is no nexus or connection between the liquor

recovered and the petitioner, the bar of Section 76(2) of the Act

would not come into play.

6. Learned APP submitted that locals have informed the

police that the liquor was both of the petitioner and co-accused

Subhas Yadav. However, it was not controverted that recovery is

from the wheat field of co-accused Subhas Yadav.

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 Patna High Court CR. MISC. No.32012 of 2020 dt.08-03-2021

learned Additional Sessions Judge-II-cum- Special Judge, Excise

Act, Begusarai in Sahebpur Kamal PS Case No. 77 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.

Patna High Court CR. MISC. No.32012 of 2020 dt.08-03-2021

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T