Alleged of Possessing 350 Litres Foreign Liquor, the petitioner was granted pre-arrest bail on furnishing that the property of recovery of the same was not his and Section 76(2) of the act shall not be applied: High Court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.355520 Arising Out of PS. Case No. 39 Year 2020 Thana AHIYAPUR District Muzaffarpur Dipak Kumar @ Dipak Kumar Rai @ Dipak Raison of late Sakaldeo Rai resident of Village Mithan Sarai P.S. Ahiyapur District ... Petitioner s The State of Bihar For the Petitioner s For the State Mr. Bhavesh Kumar Advocate Mr. Sanjay Kumar APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ... Opposite Party s Date : 22 06 2021 The matter has been heard via video conferencing. 2. Heard Mr. Bhavesh Kumar learned counsel for the petitioner and Mr. Sanjay Kumar learned Additional Public Prosecutorfor the State 3. The petitioner apprehends arrest in connection with Ahiyapur PS Case No. 320 dated 09.01.2020 instituted under Sections 272 273 of the Indian Penal Code and 30(a) 36 38 of the Bihar Prohibition and Excise Act 2016of the Act shall not apply. 6. Learned APP submitted that villagers had taken the name of the petitioner as being involved in the business of liquor with Chandan Sahani. However it was not controverted that there is no recovery from the house of the petitioner and further that villagers have taken his name along with others in dealing in the liquor along with Chandan Sahani. 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.355520 dt.22 06 2021 six weeks from today the petitioner be released on bail upon furnishing bail bonds of Rs. 25 000 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 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 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 Patna High Court CR. MISC. No.355520 dt.22 06 2021 immediate action on the same after giving opportunity of hearing to the petitioner 9. The application stands disposed off in the (Ahsanuddin Amanullah J J. Alam 

Summary: The Petitioner was alleged of having 350 Litres of Foreign Liquor. It was contended that the same was being recovered from other’s property and hence the current petitioner shall not be held liable. The court granted bail to the petitioner after considering all facts and circumstances. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Dipak Kumar v. The State of Bihar[Criminal Miscellaneous No. 35557 of 2020]. 
The facts of the case were that the petitioner was apprehended arrest in connection with Case, instituted under Sections 272, 273 of the Indian Penal Code and 30(a), 36,38 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the ‘Act’). It was alleged that the petitioners on seeing the police coming escaped and from the spot around 350 Litres of Foreign Liquor was recovered and were informed by the villagers of more such trades with others as well. 

The Learned Counsel of Petitioner submitted that the petitioner has no other criminal antecedents also it wasn’t the property of his from where the liquor has been recovered. the petitioner was just a partner with another petitioner and that it was another petitioner’s bamboo clump from where the proof has been recovered. it was prayed that section 76(2) of the act shall not be applied to the present case.

The Learned Additional Public Prosecutor submitted that it was not controverted about the recovery from the bamboo clump of others. But it shall also be not ignored that the villager took the name of the petitioner for being involved in such trade. 

The Hon’ble High Court of Patna held,”…. 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 pre-arrest bail was granted to the petitioner and the application was disposed of on said terms.
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Judgment Reviewed By Nimisha Dublish
 The facts of the case were that the petitioner was apprehended arrest in connection with Case, instituted under Sections 272, 273 of the Indian Penal Code and 30(a), 36,38 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the ‘Act’). It was alleged that the petitioners on seeing the police coming escaped and from the spot around 350 Litres of Foreign Liquor was recovered and were informed by the villagers of more such trades with others as well.  
The Learned Counsel of Petitioner submitted that the petitioner has no other criminal antecedents also it wasn’t the property of his from where the liquor has been recovered. the petitioner was just a partner with another petitioner and that it was another petitioner’s bamboo clump from where the proof has been recovered. it was prayed that section 76(2) of the act shall not be applied to the present case.

The Learned Additional Public Prosecutor submitted that it was not controverted about the recovery from the bamboo clump of others. But it shall also be not ignored that the villager took the name of the petitioner for being involved in such trade. 

The Hon’ble High Court of Patna held,”…. 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 pre-arrest bail was granted to the petitioner and the application was disposed of on said terms.
Click Here To Read The Judgment
Judgment Reviewed By Nimisha Dublish
 The Learned Counsel of Petitioner submitted that the petitioner has no other criminal antecedents also it wasn’t the property of his from where the liquor has been recovered. the petitioner was just a partner with another petitioner and that it was another petitioner’s bamboo clump from where the proof has been recovered. it was prayed that section 76(2) of the act shall not be applied to the present case. 
The Learned Additional Public Prosecutor submitted that it was not controverted about the recovery from the bamboo clump of others. But it shall also be not ignored that the villager took the name of the petitioner for being involved in such trade. 

The Hon’ble High Court of Patna held,”…. 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 pre-arrest bail was granted to the petitioner and the application was disposed of on said terms.
Click Here To Read The Judgment
Judgment Reviewed By Nimisha Dublish
 The Learned Additional Public Prosecutor submitted that it was not controverted about the recovery from the bamboo clump of others. But it shall also be not ignored that the villager took the name of the petitioner for being involved in such trade.  
The Hon’ble High Court of Patna held,”…. 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 pre-arrest bail was granted to the petitioner and the application was disposed of on said terms.
Click Here To Read The Judgment
Judgment Reviewed By Nimisha Dublish
 The Hon’ble High Court of Patna held,”…. 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 pre-arrest bail was granted to the petitioner and the application was disposed of on said terms.