Case Law Details
Rahul Yadav Vs State of Bihar (Patna High Court)
Introduction: The Patna High Court recently granted provisional bail to Rahul Yadav and others in connection with Excise Case No. 358 of 2021. The case, registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act 2018, involved the recovery of foreign liquor from a truck. This article delves into the court’s decision, examining the details of the case and the conditions imposed for bail.
Detailed Analysis: The petitioners, including Rahul Yadav, sought regular bail in the excise case where 62.250 liters of various foreign liquor brands were seized from a truck registered as DL1GC-2325. The petitioner argued that he, being the truck driver, had no knowledge of the illicit liquor loaded onto the vehicle. Petitioner no.1, responsible for delivering GST goods to a consignee in Muzaffarpur, carried all relevant documents.
The State opposed bail, citing the prevalence of illicit liquor trade and the public health impact. The court noted the seriousness of the matter, especially considering Muzaffarpur’s connection to liquor smuggling. The court directed the Inspector General of Prohibition to submit a report on actions against smuggling, including officials’ accountability. The Superintendent of Police, Gopalganj, was instructed to provide details of liquor manufacturers, consignors, and consignees.
Despite concerns, the court considered the petitioner’s plea of innocence and ordered provisional bail on a bail bond of Rs. 300,000 each, with local sureties. Conditions included cooperation in the trial, proper representation, non-tampering with evidence or witnesses, and the potential cancellation of bail upon involvement in similar offenses post-release.
Conclusion: The Patna High Court’s decision to grant provisional bail to Rahul Yadav reflects a balanced approach. Acknowledging the severity of the illicit liquor issue in Bihar, the court considered the petitioner’s plea of innocence and his role as a GST goods transporter. The specified conditions aim to ensure compliance and address concerns related to the ongoing trial. This case underscores the court’s commitment to maintaining a delicate balance between individual rights and public interests.
The decision in Rahul Yadav’s case highlights the complexities surrounding liquor-related offenses in Bihar and the judiciary’s efforts to strike a fair balance. The provisional bail provides relief to the petitioner while maintaining strict conditions to address the gravity of the charges. As the case progresses, further insights into the legal intricacies and enforcement challenges may emerge.
Considering the fact that petitioner has pleaded his innocence and has made a specific prayer that he has no concern with the illicit liquor, he was directed to deliver certain GST goods to the respective consignee located in the District of Muzaffarpur, the petitioners, above named, are directed to be released on provisional bail till disposal of this case upon furnishing bail bond of Rs. 300,000/- (Rupees Three Lacs) each with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge-IV-Cum-Special Excise Court-II, Gopalganj in connection with Excise Case No. 358 of 2021 dated 25.12.2021 subject to the certain conditions.
FULL TEXT OF THE JUDGMENT/ORDER OF PATNA HIGH COURT
Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course.
Petitioners, who are in custody since 26.12.2021, seek regular bail in connection with Excise Case No. 358 of 2021 dated 25.12.2021 registered for offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Amendment Act 2018.
As per the allegation made in the FIR, total 62.250 litres of different brands of foreign liquor was recovered from a truck bearing Registration No. DL1GC-2325.
Learned counsel appearing on behalf of the petitioners submits that petitioner no. 1 is the driver of the truck and petitioner nos. 2 and 3 are relatives of petitioner no.1 and they had no knowledge about the illicit liquor being loaded on the above truck. Petitioner no.1 was directed to deliver certain GST goods for which he was carrying all the relevant documents including the E-Way bills to the respective consignee located in the district of Muzaffarpur from Delhi.
Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioners. He submits that the trade of illicit liquor is rampant in the State of Bihar. In spite of complete prohibition in the State, due to consumption of illicit liquor, people at large are dying everyday and they are suffering from various physical disorder, as such it would not be in public interest to release the petitioners on bail.
In view of the fact that Muzaffarpur district has become the den of the smugglers of illicit liquor, the complicity of the consignor, the consignee and the transporter cannot be denied.
The I.G., Prohibition is directed to submit a report before this Court giving reasons for their failure to manufacturing and smuggling of foreign liquor in the State of Bihar in general and, particularly, in the District of Muzaffarpur. He is further directed to submit a report with respect to action taken against the excise officials, who have failed to stop pilferage of liquor within their jurisdiction inside the State of Bihar in general and sale of the same in an organized manner in the district of Gopalganj in particular.
Superintendent of Police, Gopalganj is directed to submit a report to the Commissioner, Commercial Taxes giving details of the manufacturer of different brands of foreign liquor along with the details of the consignor and the consignee as per the E-Way Bills generated with respect to the truck bearing Registration No. DL1GC-2325.
The I.G., Prohibition and Commissioner, Commercial Taxes are directed to submit their respective report to the Chief Secretary, Bihar.
The Chief Secretary, Bihar is directed to submit a detailed action taken report with respect to the steps taken for implementation of the Bihar Prohibition and Excise Act, 2016 in its true spirit as well as the steps taken by him against the excise officials particularly in the Gopalganj district, who have failed to stop smuggling and manufacturing of liquor.
Considering the fact that petitioner has pleaded his innocence and has made a specific prayer that he has no concern with the illicit liquor, he was directed to deliver certain GST goods to the respective consignee located in the District of Muzaffarpur, the petitioners, above named, are directed to be released on provisional bail till disposal of this case upon furnishing bail bond of Rs. 300,000/- (Rupees Three Lacs) each with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge-IV-Cum-Special Excise Court-II, Gopalganj in connection with Excise Case No. 358 of 2021 dated 25.12.2021 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
(iii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(iv) If the petitioners are found involved in similar nature of offence, after their release on bail, the trial Court shall take steps to cancel their bail bond.
Let the name of Sri Vikash Kumar SC-11 be appear in the daily cause list.
List this case on 11.07.2022 under the appropriate heading.
