Chandan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10544 of 2020 Arising Out of PS. Case No.-444 Year-2019 Thana- MANIHARI District- Katihar ====================================================== Chandan Mahto S/o Bhola Mahto R/o village- Maraline Naya Tola, Ward No. 2, P.S.- Manihari, Distt.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-06-2020 The matter has been listed today for consideration through Video Conferencing.
Heard learned counsel for the petitioner and the learned APP for State.
Petitioner apprehend his arrest in connection with Manihari P.S. Case no. 444 of 2019 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
30 liters of illicit liquor is alleged to have been recovered from a sack on a bicycle. It is alleged that two persons have abandoned the bicycle and fled away on seeing the police party. It is submitted by the petitioner's counsel that having no criminal antecedents he has falsely been implicated in the instant case. The F.I.R. does not disclose the source of identification of
Patna High Court CR. MISC. No.10544 of 2020(2) dt.10-06-2020 2/3 the petitioner . It is further submitted that there is no recovery of illicit liquor from the petitioner's possession even as per the prosecution case. In view of the aforesaid facts and submissions no case, whatsoever, would be made out against the petitioner under the Bihar Prohibition and Excise Act.
The learned APP for the State has opposed the prayer for anticipatory bail, referring to the provisions contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that pre-arrest bail would not be maintainable.
This Court is conscious of decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) PLJR 1089. Having regard to the law laid down in the said judgment and the submissions advanced on behalf of the petitioner, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submissions of counsel for the petitioner.
Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner before the court below, named above, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.10544 of 2020(2) dt.10-06-2020 3/3 satisfaction of the ADJ-II-cum Special Judge (Excise Act,)Katihar, in connection with Manihari P.S. Case no. 444 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T