The petitioner was released on bail  after being arrested under Sections 414/34IPC and 30(a)(d) of the Bihar Prohibition and Excise Act 2016:High court of Patna

Date : 03 08 2021 IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 374721 Arising Out of PS. Case No. 97 Year 2020 Thana RAGHOPURDistrict Vaishali Kapleshi Rai @ Kapeshi Rai @ Papleshi Rai aged about 28 years Gender Male son of Santa Rai Resident of Village Sukumarpur P.S. Raghopur Rustampur OP) District Vaishali ... Petitioner s ... Opposite Party s The State of Bihar Appearance : For the Petitioner s For the State CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Mr. Ravish Mishra Advocate Mr. Ajit Kumar APP 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 26.07.2021 which was allowed. 3. Heard Mr. Ravish Mishra learned counsel for the petitioner and Mr. Ajit Kumar learned Additional Public Prosecutorfor the State. 4. The petitioner apprehends arrest in connection with Roghopur PS Case No. 97 of 2020 dated 23.06.2020 instituted under Sections 414 34 of the Indian Penal Code and 30(a)(d) of the Bihar Prohibition and Excise Act Patna High Court CR. MISC. No. 374721 dt.03 08 2021 2 4 2016of the Act would not apply in the present case. 7. Learned APP submitted that there has been recovery of countrymade liquor and the petitioner is also named as one of the persons who had fled away from the place. 8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties the Patna High Court CR. MISC. No. 374721 dt.03 08 2021 3 4 Court finds that for the purposes of forming a tentative view taking into consideration the fact that ownership of the motorcycle from which recovery has been made having been specifically denied as also no other criminal case being against him as stated on oath in the present petition the Court is inclined to allow the prayer. 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 Additional Sessions Judge II cum Excise Court Vaishali at Hajipur in RoghopurPS Case No. 920 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 provisions tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the Patna High Court CR. MISC. No. 374721 dt.03 08 2021 4 4 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 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. aforementioned terms. 11. The petition stands disposed of Anjani 

Summary: The petitioner was taken into custody and was held behind bars under Sections 414IPC, “Assisting in concealment of stolen property”, section 34 IPC, “Acts done by several persons in furtherance of common intention” and 30(a)(d) of the Bihar Prohibition and Excise Act 2016, “Penalty for unlawful manufacture, import, export, transport, possession, sale, purchase, distribution, etc. of any intoxicant or liquor.” This is in connection with Roghopur (Rustampur OP) PS Case No. 97 of 2020 dated 23.06.2020 This judgment was given in the high court of Judicature at Patna by honorable Mr. Justice Ahsanuddin Amanullah on the 3rd  of August 2021 in the case of Kapleshi Rai @ Kapeshi Rai @ Papleshi Raiand versus the state of Bihar criminal miscellaneous No. 37479 of 2021, Mr. Ravish Represented as the advocate for the petitioner and Mr. Ajit Kumar represented as the additional Public Prosecutor, for the state of Bihar the proceedings of the court were held via video conference. The following are the facts of the case, the petitioner along with 10 others were accused of dealing in the business of liquor and the police on prior information had visited the venue, the accused ran away on seeing the cops and left behind their two motorcycles, and according to the police, 40 liters of countrymade liquor was recovered by the police from the motorcycle, they also recovered drums used for making country-made liquor which is considered illegal in the state of Bihar The counsel for the petitioner held before the court that this accusation is made merely on suspicion and the petitioner has been falsely implicated, there is no reliable identification or evidence to prove the petitioner was one among the persons who had run away earlier on seeing the police. The counsel further submitted that the motorcycle does not belong to the petitioner and the petitioner has no connection to the place where the liquor was recovered, further, the petitioner has no criminal antecedent, therefore in the absence of evidence to connect the petitioner to the recovered liquor and accuse him under section 76 (2) of the Bihar Prohibition and Excise Act 2016 would not be applicable in the present case. The Additional Public Prosecutor submitted that during recovery of the liquor, the name of the petitioner was held as one of the persons who fled away from the place, and therefore the accusation was made. After considering the facts and circumstances of the case the court held that the petitioner is released on bail upon furnishing bail bonds of Rs. 25,000 with two sureties of the like amount each to the Additional Sessions Judge-II-cum-Excise Court, in connection with PS Case No. 97 of 2020, subject to the conditions laid down in Section 438(2) Cr.P.C., 1973 “(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 the good behavior 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.” The court concluded that “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. 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 the opportunity of hearing to the petitioner.”