Patna High CourtCR. MISC./32206/2019bail granted

Shahbudin Dewan v. The State Of Bihar

2019-07-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 32206 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Shahbudin Dewan S/o Salim Dewan Resident of Jhakhiya Chowk, P.S.- Banjariya, Distt.- East Champaran ... ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Dhannjay Kumar No 2, Advocate For the Opposite Party :

Mr.Amarendra Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) ad 41(i) of the Bihar Prohibition and Excise Act, 2016.

Prosecution's case in short is that 2304 liters of spirit has been recovered from a pick up van and petitioner's name has surfaced in the confessional statement of co-accused Upendra Rai who was apprehended at the spot.

Learned counsel for the petitioner submits that the petitioner is neither the owner of the vehicle nor the aforesaid quantity of spirit has been recovered from his conscious possession. Provision of section 100 of the Cr.P.C. has not been followed in course of search and seizure in question. Petitioner

Patna High Court CR. MISC. No. 32206 of 2019(3) dt.24-07-2019 2/2 has got no criminal antecedent.

Considering the facts of the case, let the petitioner, above named, in the event of his arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 Special Judge, Excise, Motihari, East Champaran in Turkaualiya(Raghunathpur) Police Station Case No. 147 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T