Explanation by the denounced don’t frame solid reason for capturing capture of the Petitioner: High Court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20521 Arising Out of PS. Case No. 649 Year 2019 Thana PATNA GRP CASE District Patna Amit Kumar aged about 28 years Gender Male son of Devendra Singh resident of village LodipurP.S. Punpun District Patna ... Petitioner s The State of Bihar ... Opposite Party s For the Petitioner s For the State Mr. Shivendra Kumar Sinha Advocate Mr. Md. Arif APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10 08 2021 The matter has been heard via video conferencing 2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioner on 04.08.2021 which was allowed 3. Heard Mr. Shivendra Kumar Sinha learned counsel for the petitioner and Mr. Md. Arif learned Additional Public Prosecutorfor the State 4. The petitioner apprehends arrest in connection with Rail PSCase No. 6419 dated 29.11.2019 instituted under Sections 273 34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act 2016of the Act would not apply in the present case. 7. Learned APP submitted that the petitioner has been named by the person who was caught with the liquor and it has been stated that the liquor was meant to be delivered to the Patna High Court CR. MISC. No.20521 dt.10 08 2021 8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties the Court finds that the allegation against the petitioner being based only on the statement of the arrested co accused that the liquor was to be delivered to him the bar of Section 76(2) of the Act would not apply and further since the petitioner has no other criminal antecedent the Court is inclined to allow the prayer of the petitioner for pre arrest bail 9. Accordingly 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 with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Patna in Rail PSCase No. 649 of 2019 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and furtherthat one of the bailors shall be a close relative of the petitioner that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner andthat 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 Patna High Court CR. MISC. No.20521 dt.10 08 2021 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 10. It shall also be open for the prosecution to bring any violation of the foregoing conditions 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 11. The petition stands disposed of in the (Ahsanuddin Amanullah J J. Alam 

Summary: The Petitioner was secured capture and was asserted to have conveyed a streetcar brimming with alcohol by the denounced. On examination and considering current realities and conditions the court observed that the charge depended on the assertion of the blamed as it were. The Court can’t depend on a simple assertion by the denounced and thus conceded the bail. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Amit Kumar v. The State of Bihar[Criminal Miscellaneous No.2051 of 2021].  The facts of the case were that the candidate was secured capture regarding the Case, initiated under Sections 273/34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act. It was claimed that the solicitor was responsible for conveying the alcohol to the one got by the police. It was asserted that the applicant came to get the streetcar loaded with alcohol however when he saw police, he stowed away. The Learned Counsel for the candidate presented that the allegations are bogus and bare. The one captured by the police was a representative under the solicitor and because of his carelessness towards his obligation, he had been cautioned by the candidate. To render retribution the charge had taken the applicant’s name and has been dishonestly ensnared. It was additionally presented that the applicant had no other criminal forerunner. The Hon’ble High Court of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds that the allegation against the petitioner is based only on the statement of the arrested co-accused that the liquor was to be delivered to him, the bar of Section 76(2) of the Act would not apply and further, since the petitioner has no other criminal antecedent, the Court is inclined to allow the prayer of the petitioner for pre-arrest bail.” It was further added,” 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.” The Petition was hence disposed on the said terms.