Pat HC | Accused misusing privilege of bail by committing offence of same nature repeatedly: Court denies bail

Patna High Court: Ahsanuddin Amanullah, J., denied bail to the applicant in connection with the FIR registered for offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The factual matrix is such that the applicant left his motorcycle and ran away while being chased by the police and later the police recovered 108 bottles of illicit liquor from a sack on the motorcycle.

Counsel for the applicant, Usha Rai contended that the applicant has been falsely implicated due to village politics and was never caught. It was submitted that both the bike and the sack do not belong to the applicant. There is not even a single witness to corroborate the event that transpired on that day, yet the applicant has been in custody for the past seven months.

The counsel for the respondent, Harendra Prasad vehemently opposed the bail submitting that there are many witnesses to corroborate the prosecution’s case and have confirmed the applicant’s involvement in liquor trade including the local Chowkidar who was a witness to the act which gives rise to the present matter. Moreover, the counsel drew the Court’s attention towards the incorrigible nature of the applicant, substantiating the same by stating that the applicant has several cases registered against him with six of them under the Excise Act itself. The counsel pleaded that it’s evident from the applicant’s history that he has been misusing the privilege of bail and committing offences of the same nature repeatedly.

Upon careful perusal of the facts, circumstances and arguments advances, the Court observed that it is clear that the applicant has been indulging himself in the same activity again and again, being accused of offences of similar nature and thus does not deserve bail in the present case.

In view of the above, the Court rejected the application for bail.[Santosh Pandey v. State of Bihar, 2020 SCC OnLine Pat 1230, decided on 21-08-2020]

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