Kariyawa @ Santosh Kumar vs The State Of Bihar
2021 Latest Caselaw 1566 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.33933 of 2020
      Arising Out of PS. Case No.-160 Year-2020 Thana- KAKO District- Jehanabad
======================================================

Kariyawa @ Santosh Kumar, Male, aged about 38 years, son of Late Arjun Sah Resident of at Saryu Market, P.O. and 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           :        Ms. Rina Sinha, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Hemant Kumar Karan, learned counsel for

the petitioner and Ms. Rina Sinha, 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 (Excise Case No. 605 of 2020)

dated 09.08.2020, instituted under Section 30(a) of the Bihar

Prohibition and Excise Act, 2016.

4. The allegation against the petitioner is that he was

indulging in the business of home delivery of liquor which was

disclosed by the person who was arrested with 5.5 litres of wine.

Patna High Court CR. MISC. No.33933 of 2020 dt.19-03-2021

5. Learned counsel for the petitioner submitted that he

has no criminal antecedent and has been falsely implicated. It was

submitted that no liquor has been caught from his house and

further that the person who was arrested has taken his name with

mala fide intention. Learned counsel submitted that the arrested

person Amar Kumar has been granted bail by the Court below.

6. Learned APP submitted that the allegation is that the

petitioner used to take wine from the person who was arrested for

home delivery which clearly shows that he is in the business of

liquor. It was further submitted that co-accused Nagendra Kumar

@ Dabla has been refused anticipatory bail in the present case and

he was also one of the persons whose name was taken by the

arrested Amar Kumar. It was further submitted that Amar Kumar

has been granted regular bail by the Court below. Learned APP

submitted that there is no reason for the arrested person to take the

name of the petitioner and, thus, it cannot be said to be a case of

false implication, at least at this stage.

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.

Patna High Court CR. MISC. No.33933 of 2020 dt.19-03-2021

9. However, on prayer made by learned counsel for the

petitioner, it is observed that if the petitioner appears before the

Court below within four weeks from today and prays for bail, the

same shall be considered on its own merits, in accordance with

law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T