Basant Kumar @ Basant Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22825 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- ROSERA District- Samastipur ====================================================== Basant Kumar @ Basant Mandal, Son of Jay Govind Mandal @ Govind Mandal, Resident of Raniparti, Shivaji Nagar, Tole Tika, P.S.- Rosera, District- Samastipur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-09-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner is apprehending his arrest in connection with Excise G.R. No.225/2020 arising out of Rosera P.S. Case No.65 of 2020 registered for the offence punishable under Sections 272, 273/34 of the I.P.C. and Section 30(a) of the
Patna High Court CR. MISC. No.22825 of 2020(2) dt.30-09-2020 2/3 Bihar Prohibition and Excise Act, 2016.
80 litres of Indian Made Foreign Liquor has allegedly been recovered from a vehicle which was found abandoned. Petitioner's implication is on the statement made by Choukidar that he is the owner of the vehicle. Petitioner's counsel submits that there is no compliance of the procedure prescribed under Section 100 Cr.P.C. The recovered substance has not been subjected to forensic opinion that the same is illicit liquor. Offence under the provisions of the Bihar Prohibition and Excise Act under the circumstances is not made out against the petitioner. Learned APP for the State referring to the statutory bar on pre-arrest bail under Section 76(2) the Bihar Prohibition and Excise Act opposes the prayer.
Considering the rival submissions and the facts, this Court, in view of the parameters for considering pre-arrest bail laid down by a Full Bench of this Court in the case of Ram Vinay Yadav vs. State of Bihar, reported in 2019(2) PLJR 1089(FB), is inclined to accept the submissions advanced by the petitioner's counsel for the limited purpose of grant of pre-arrest bail. The petitioner's prayer for anticipatory bail is allowed. Accordingly, let the petitioner, above named, in the
Patna High Court CR. MISC. No.22825 of 2020(2) dt.30-09-2020 3/3 event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-Cum-Special Judge, Excise Act, Samastipur, in connection with Excise G.R. No.225/2020 arising out of Rosera P.S. Case No.65 of 2020, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also 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. This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T