Nagendra Kumar @ Dabla vs The State Of Bihar
2021 Latest Caselaw 1513 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.33857 of 2020
      Arising Out of PS. Case No.-160 Year-2020 Thana- KAKO District- Jehanabad
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Nagendra Kumar @ Dabla, Male, Aged about 35 years, S/o Deepa Prasad Resident of Kako Road, Nizamuddinpur, near BSNL- Tower, P.S.- Jahanabad, District- Jahanabad.

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

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

For the Petitioner/s    :       Mr. Hemant Kumar Karan, Advocate
For the State           :       Mr. Nand Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Hemant Kumar Karan, learned counsel

for the petitioner and Mr. Nand Kumar, learned Additional

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

State.

3. The petitioner apprehends arrest in connection with

Kako PS Case No. 160 of 2020 dated 09.08.2020 (Excise Case

No. 605 of 2020), instituted under Sections 272/273/34 of the

Indian Penal Code and 30(a) of the Bihar Prohibition and Excise

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

4. As per the FIR, Amar Kumar, who was apprehended

by the police with 5.5 litres of liquor, has stated that the wine

was being brought by the liquor trader Gaurav Kumar and on Patna High Court CR. MISC. No.33857 of 2020 dt.17-03-2021

his instruction, it was being given to the petitioner for sale and

distribution to different persons and further it has been stated

that on 23.07.2020 liquor was carried by the petitioner in his

Scorpio to his copy manufacturing office from where six bottles

was taken by co-accused Dilip Kumar for sale.

5. Learned counsel for the petitioner submitted that he

has no connection with the recovered wine and is a simple

businessman. It was submitted that his nephew is involved in

the trade of liquor and because of him he has also been

implicated. Learned counsel submitted that there has been no

recovery from his premises. Learned counsel submitted that just

on the basis of suspicion on account of the statement made by

the arrested, Amar Kumar, the petitioner without any cogent

evidence, has been made accused in the present case.

6. Learned APP submitted that the petitioner carries

criminal antecedent and is accused in another case under the Act

and, thus, he is a habitual offender. It was further submitted that

there is no occasion for the arrested person to disclose the

details of the activity of the petitioner and him having correctly

disclosed that the petitioner has a copy manufacturing unit and

has a Scorpio vehicle clearly shows that there is no false

implication.

Patna High Court CR. MISC. No.33857 of 2020 dt.17-03-2021

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T