Gabbar Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81871 of 2024 Arising Out of PS. Case No.-211 Year-2024 Thana- KORHA District- Katihar ====================================================== Gabbar Mahaldar, Son of Aniruddh Mahaldar, R/o Madhura, P.S.- Korha, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Korha P.S. Case No. 211 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Allegation against the petitioner is of trafficking of illicit wine through his boat. The police on information intercepted the boat and on search recovered 91 liters of country made wine. However, noticing the police party, one person succeeded in fleeing away, whose name has been disclosed by the local people as the petitioner.

Patna High Court CR. MISC. No.81871 of 2024(2) dt.11-12-2024 2/3

4. Learned counsel for the petitioner contended that the alleged recovery has been made from a boat. Neither the petitioner is the owner of the boat nor he has any concern with the trafficking of the illicit wine. There are various other infirmities in the search and seizure. The identification of the petitioner by the local people also appears to be doubtful. Moreover, the petitioner bears fair antecedent.

5. On the other hand, learned counsel for the State opposed the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that no recovery has been made from the conscious and constructive possession of the petitioner and, as such, the bar provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, would not attract in the present case, coupled with the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Exclusive Special Excise Court No.2, Katihar in connection with Korha P.S. Case No. 211 of 2024, subject to the condition as

Patna High Court CR. MISC. No.81871 of 2024(2) dt.11-12-2024 3/3 laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) rohit/- U T