Bocha Gope @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79609 of 2019 Arising Out of PS. Case No.-221 Year-2018 Thana- FATUA District- Patna ====================================================== Bocha Gope @ Rajesh Kumar, S/O Late Baleshwar Singh, R/O Thegua, P.S. Fatuha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-12-2019 Instant petition under Sections 439 and 440 of Criminal Procedure Code has been moved for grant of bail in FIR No.221 of 2018, dated 13.04.2018, registered at Police Station-Fatuha District- Patna under Section 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, 20 litres of illicit liquor was recovered from a hut which fact is seriously disputed by the petitioner. 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 an area accessible to general public. Planting of the substance has not been ruled out by the

Patna High Court CR. MISC. No.79609 of 2019(2) dt.04-12-2019 2/3 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 got 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 14.08.2019 and no further recovery is to be made from the petitioner nor any custodial interrogation is required.

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 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 facts and circumstances of the case, let the petitioner, named

Patna High Court CR. MISC. No.79609 of 2019(2) dt.04-12-2019 3/3 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 Special Judge, Excise, Patna in connection with Fatuha P.S. Case no.221 of 2018 on the following conditions:- (i) That one of the bailors of the petitioner shall be their close relative.

(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, his 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 himself available as and when so required and in case of failure, the 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) Sunil/- U T