Rajan Sah @ Rajan Kumar @ Rajat Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77274 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- KOPA District- Saran ====================================================== RAJAN SAH @ RAJAN KUMAR @ RAJAT SAH Son of Gena Sah Resident of Village - Bichla Telpa, Chandni Chowk, P.S. Town, District - Saran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kishore Thakur, Adv.
For the Opposite Party/s :
Mr.Kanhaiya Kishore (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 27-11-2019 Instant petition under Sections 439 and 440 of Criminal Procedure Code has been moved for grant of bail in F.I.R. No. 152 of 2019, dated 12.10.2019, registered at Police Station Kopa under Section 272, 273 of I.P.C. and 30(a) of the Bihar Prohibition & Excise Act, 2016.
I have heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. I have also perused the relevant record of the case, necessary for adjudication of this petition.
Allegedly, 210 litres of illicit liquor was recovered from the vehicle of the petitioner, which fact is seriously disputed by the petitioner on the ground that he was the driver of the vehicle and he was not in know of the contents of the jute
2/4 bag. Prima facie also it appears that thus far no case against the petitioner is made out indicating his complicity in the alleged crime. Recovery is from a hired vehicle and in an area accessible to general public. Planting of the substance has not been ruled out by the prosecution.
Prima facie, nothing is produced to highlight petitioner's direct involvement in the crime. It is submitted by learned counsel for the petitioner that the petitioner has roots in the society; is not likely to interfere in the investigation or influence any of the witnesses or destroy the evidence; is behind bars since 12.10.2019; no further recovery is to be made from the petitioner, nor any custodial interrogation is required and he has fully cooperated in the investigation.
Keeping in view the provision of the special enactment i.e. Bihar Prohibition and Excise Act, 2016, this Court is of the considered view that petitioner has made out a case for grant of bail. Possibility of false implication, as is so alleged by the petitioner, cannot be ruled out. Also, thus far save and except for naming the petitioner in the F.I.R., no evidence corroborative in nature stands recorded by the police. Also, none has come forward to highlight the possible involvement of the
3/4 petitioner in the crime. On what basis the Investigating Officer could link the accused to the crime is also not emanating from the record.
Be that as it may, having regard to the entirety of the attending facts and circumstances of the case, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 25,000/-(Twenty five thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judgecum-Special Judge, Excise, Saran in connection with Excise Kopa P.S. Case No. 152/2019, on the following conditions:- (i) That one of the bailors of the petitioner shall be their close relatives.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail-bonds shall be liable to be cancelled by the learned court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and, in case of failure, the
4/4 State shall be at liberty to move for cancellation of bail. Any observation made herein shall not be construed to be an expression on the merits of the matter. Petition stands disposed of in the above terms. (Sanjay Karol, CJ) K.C.Jha/- U T