A legislator marked absconding in the books of the police was seen attending the Upper House proceedings on Monday.
Suspended RJD MLC Nawal Kishore Yadav’s name figures among the five accused in a case related to illegal sale of liquor from a sweets shop located in front of Vikas Bhavan at the secretariat premises.
Three persons — Munna Kumar, Kunal Kumar and Ganesh Kumar —have been arrested in the case lodged with the secretariat police station in Patna.
The case was lodged against the MLC and his brother Vijay Kumar Yadav in November 2013 under sections 419 (cheating by impersonation) and 420 (forgery) of Indian Penal Code and Section 47 of the excise act. Sub-inspector Upendra Kumar Singh has been assigned to investigate the high profile case.
Yadav arrived in an SUV around 11.35am and proceeded towards the legislative council. He was accompanied by his bodyguards, who were signalled to stop with their firearms and not to go ahead. Before the MLC could step into the House, some reporters accosted him.
On the case pending against him, the MLC said: “I challenge the police to arrest me if I am guilty. Who has stopped them (police) from doing so? I am not absconding, not at all.”
Yadav, however, admitted that the sweets shop belonged to his brother Vijay Singh Yadav.
“I have nothing to do with the shop. I came to know about the raid and seizure of liquor bottles through the media,” he said, adding that he smacked political conspiracy behind dragging his name into the controversy.
On the contrary, deputy superintendent of police (Secretariat) Manish Kumar said the MLC would be arrested.
“The formalities are being completed for the purpose. We have to inform the Chairman of the Council for taking the MLC into custody,” he said.
He, however, admitted that the sections under which the MLC has been booked were non-bailable and the investigating officer was empowered to arrest the accused.
He denied that the police have obtained the arrest warrant from the court against the MLC.
“It is a fact that the police have initiated raids to arrest the accused in the case. The shop was selling liquor without having a licence for it. Liquor bottles recovered during the operation on November 26 night, are enough to suggest that liquor was sold illegally,” he told The Telegraph.
Secretariat police station house officer G.D. Tiwary said he was waiting for his senior’s direction to arrest the remaining accused in the case.
“Since the case has not been supervised by any senior officer, it would not be prudent to take any legal action against the MLA and his brother,” he said.
He added that raids were conducted at the house of the MLC’s brother same night (December 26) but he was not found.
“He is absconding after the incident,” the station house officer said.
A practising lawyer of the Patna High Court, Rajiv Ranjan Pandey, said the investigating officer was empowered to arrest the accused persons found to be guilty under sections 419 and 420 of the IPC.
“The investigating officer may arrest the accused in cognisable offence,” he said.
City superintendent of police Jayant Kant said: “We are gathering evidence against the MLC. An arrest warrant would be obtained from the competent court on the basis of the evidence.”
During search operations, police seized 500 bottles of India-made foreign liquor from a godown behind the shop, he said. An FIR has been registered against Nawal Kishore, his brother Vijay Singh Yadav and the three employees arrested from the spot, he said.
The incident had come on a day when Bihar was observing anti-liquor day and the government had announced dry day on November 26. Yadav was recently suspended from RJD for six years when he had sung paeans for BJP prime ministerial candidate Narendra Modi at Biharsharif in Nalanda.