Raju Miyan @ Raju Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56427 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- MAIRWAN District- Siwan ====================================================== Raju Miyan @ Raju Ali S/O Jhhangur Miyan R/O Village- Miskarahi Rani, P.S.- Mairwa, Dist.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-11-2023 Heard Mr. Sanjay Kumar Pandey, learned counsel appearing on behalf of the petitioner and Manoj Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Mairwan P.S. Case No. 177 of 2023, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. The police, on a secret information regarding involvement of the petitioner in sale of illicit wine, conducted raid. However, on noticing the police party, the petitioner and others succeeded in fleeing away. On search, 17.920 litres illicit wine has been recovered from a bag.
4. It is submitted on behalf of the petitioner that from the FIR it is evident that the alleged recovery has not been made
Patna High Court CR. MISC. No.56427 of 2023(3) dt.08-11-2023 2/3 from the house of the petitioner, rather the same has been made in front of his house, which is an open place accessible to all. He further submits that, in fact, in course of raid, the police has recovered a bag containing illicit wine but on account of the past criminal antecedent of the petitioner of identical nature, his name has been implicated in this case, that apart, there are other infirmities in the search and seizure. Moreover, the petitioner undertakes that he will fully cooperate in the investigation or in the proceeding of the court.
5. On the other hand, learned counsel for the State opposes the bail application and submits that the alleged recovery has been made in front of the house of the petitioner and, as such, his complicity cannot be denied.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from an open place which is accessible to all, apart from other infirmities in the search and seizure, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.56427 of 2023(3) dt.08-11-2023 3/3 the learned Exclusive Special Excise Court No. 1, Siwan, in connection with Mairwan P.S. Case No. 177 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/- U T