Roop Anand @ Rocky @ Rupam Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35929 of 2023 Arising Out of PS. Case No.-79 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== Roop Anand @ Rocky @ Rupam Anand S/O Atul Kumar Das R/O VillagePandaul, P.S.-Pandaul, Dist-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI ORAL ORDER 26-07-2023 This application is filed under Section 438 of the Code of Criminal Procedure, 1973, for enlarging the applicant on anticipatory bail in connection with Pandaul P.S. Case No. 79 of 2022 dated 02.05.2022, registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a), 36, 38 and 41(i) of Bihar Prohibition and Excise Act, 2016.

2. Heard Mr. Bhavesh Kumar Sah, the learned counsel for the applicants and Mr. Sanjay Kumar, the learned APP for respondent-State.

3. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course

2/6 of investigation, trial also and will not flee from justice.

4. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He further submits that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.

5. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.

6. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant.

7. This Court has considered the following aspects: (i) The applicant is not named in the FIR.

3/6 (ii) He has been implicated on the basis of the statement of the co-accused.

(iii) Illicit liquor was not found in possession of the applicant.

(iv) It is specifically submitted by learned counsel appearing for the applicant that similarly situated co-accused namely, Bicky Safi against whom similar type of allegation are levelled by the prosecution has been has been enlarged on anticipatory bail by a coordinate Bench of this Court vide order dated 05.05.2023 passed in Cr. Misc. No. 5447 of 2023.

(v)Though, there is one antecedent against the applicant, it is submitted that in the said case also the applicant has been implicated on the basis of the statement of the coaccused and in that case also no illicit liquor was found from his possession.

8. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra

4/6 and Ors., reported at (2011) 1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565.

9. Accordingly, the applicant, named above, is ordered to be released on bail in the event of his arrest in connection with Pandaul P.S. Case No. 79 of 2022, on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount to the satisfaction of learned 2nd Additional Sessions Judge-Cum-Special-Judge Excise Act, Madhubani, on the following conditions:

(a) shall cooperate with the investigation and make himself available for interrogation, whenever required; (b) shall remain present at concerned Police Station on 16th August, 2023 between 11:00 AM and 02:00 PM; (c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

(d) shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police;

5/6 (e) shall not leave India without the permission of the concerned trial court and, if having passport, shall deposit the same before the concerned trial court within a week; and (f) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the competent Court would decide it on merits;

10. Despite this order, it would be open for the Investigating Agency to apply to the competent Court, for police remand of the applicant. The applicant shall remain present before the competent Court on the first date of hearing of such application and on all subsequent occasions, as may be directed by the competent Court. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the competent Court to consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.

11. At the trial, the concerned trial court shall not be

6/6 influenced by the prima facie observations made by this Court in the present order.

12. This application is, accordingly, allowed. (Vipul M. Pancholi, J) Shahnawaz/- U T