Ramesh Rai vs The State Of Bihar
2021 Latest Caselaw 1923 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.33951 of 2020
          Arising Out of PS. Case No.-58 Year-2020 Thana- PARSA District- Saran
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Ramesh Rai, aged about 46 years (Male), Son of Late Ram Dhyan Rai R/o Village-Parsadi Diyara, P.S.-Parsa, District-Saran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s      :       Mr. Md. Harun Quareshi, Advocate
For the State             :       Ms. Nirmala Kumari, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Md. Harun Quareshi, learned counsel for

the petitioner and Ms. Nirmala Kumari, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. Learned counsel for the petitioner submitted that he

may be permitted to make correction in the prayer portion of the

application in which the description of the Court concerned has

been mentioned as "2nd Additional Sessions Judge-cum-Special

Judge, Excise, Gopalganj" which is an inadvertent

typographical error and should be "2nd Additional Sessions

Judge-cum-Special Judge, Excise, Saran".

4. Prayer allowed.

Patna High Court CR. MISC. No.33951 of 2020 dt.09-04-2021

5. Let such change be incorporated in the main

application.

6. The petitioner apprehends arrest in connection with

Parsa PS Case No. 58 of 2020 dated 02.03.2020, instituted

under Sections 414/34 of the Indian Penal Code and 30(a) of the

Bihar Prohibition and Excise Act, 2016 (hereinafter referred to

as the 'Act').

7. The allegation against the petitioner and two others

is that on secret information that they had stored huge quantity

of foreign liquor for being sold during Holi, when the police had

gone, three persons were seen on coming on a motorcycle but

on seeing the police they ran away and from a sack tied to the

motorcycle there was recovery of 41.970 litres of English wine.

It is further alleged that under the cover of darkness, the persons

fled away and the Chowkidar had identified the persons,

including the petitioner.

8. Learned counsel for the petitioner submitted that he

does not have any criminal antecedent and is not connected with

the liquor recovered by the police from the motorcycle and even

the motorcycle did not belong to him. Learned counsel

submitted that from the FIR itself it is clear that the seizure is

said to have been made at 10:30 pm and the name of the persons Patna High Court CR. MISC. No.33951 of 2020 dt.09-04-2021

who had accompanied the police for the said raid has been

mentioned, but the Chowkidar has not been mentioned and,

thus, the identification by the Chowkidar is highly suspicious

and apparently not true. It was submitted that the presence of the

Chowkidar at the spot when he was not with the police

personnel has not been explained anywhere and further that at

10:30 pm at night such identification on the basis of torch light

is also unbelievable when it is not stated that the Chowkidar had

the torch with him and had seen the culprits. It was submitted

that in view of there being no connection whatsoever of the

petitioner with the liquor recovered, the bar of Section 76(2) of

the Act would also not be attracted in the present case.

9. Learned APP submitted that the petitioner was one

of the persons who was identified by the local Chowkidar.

However, she could not controvert the fact that the presence of

the Chowkidar has not been explained as he is not named as one

of the persons who was with the police party when the

motorcycle was intercepted and the accused had run away.

10. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon Patna High Court CR. MISC. No.33951 of 2020 dt.09-04-2021

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned 2nd Additional Sessions Judge-cum-Special Judge,

Excise, Saran in Parsa PS Case No. 58 of 2020, subject to the

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973 and further (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

11. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the Patna High Court CR. MISC. No.33951 of 2020 dt.09-04-2021

petitioner.

12. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T