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.
Judgment Reviewed By Nimisha Dublish