Anand Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88828 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- Haraiya District- East Champaran ====================================================== Anand Kumar Thakur son of Anil Kumar Thakur Resident of Village - Kaurihar Shivpuri College Road, P.S.- Raxaul, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Adv.
Mr.Rajeev Ranjan, Adv.
Mr. Vikas Kumar, Adv.
Mrs. Nishi Priya, Adv.
For the Opposite Party/s :
Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2025 Heard Mr. Y.C. Verma, learned senior counsel for the petitioner and learned APP for the State. Perused the case diary Called for in Cr. Misc. No. 88233 of 2024.
2. The petitioner seeks bail in connection with Haraiya P.S. Case No. 21 of 2024 instituted for the offences under Sections 318(4), 338, 336(3), 340(2) and 61(2) of the B.N.S. and Sections 30(a), 41(1), 31, 33, 38 and 47 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered total 4,000 liters spirit from the godown of the I P Road Lines India Pvt. Ltd. It is alleged that the co-accused Awadhesh Kumar Srivastava was arrested on spot.
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4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against them and has falsely been implicated in the present case on the basis of local politics. He further submits that nothing incriminating has been recovered from the conscious or unconscious possession of the petitioner. The petitioner is neither owner nor concerned with the alleged recovered spirits and has nothing to do with the present case. The petitioner never indulged in transportation of spirit like substance either through I.P. Road Lines or other transporters. The name of the petitioner has transpired in this case only because the I.P. Road Lines transporter and his staffs were illegally using the GST number of the petitioner without his permission or knowledge.
The petitioner has never dealt with the alleged I.P. Road Lines in any way at any point of time. The petitioner has also no relation with the other co-accused persons. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 26.10.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner
3/4 stating that the petitioner in collusion with each other used to bring the spirit for supply in large scale for preparation of liquor. He further submits that in Para-37 of the case diary, the coaccused namely Murat Sah has confessed his own involvement as well as of petitioners in transportation and supply of spirit, which is used in preparation of liquor. In Para-54, there is also a confessional statement of the co-accused Rakesh Kumar Gupta who has also confessed his involvement in transportation and supply of spirit.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Haraiya P.S. Case No. 21 of 2024, subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the
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(Rudra Prakash Mishra, J) rishi/- U T