Kusum Mahto vs The State Of Bihar
2021 Latest Caselaw 3892 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.9553 of 2021
     Arising Out of PS. Case No.-622 Year-2020 Thana- CHAPRA TOWN District- Saran
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Kusum Mahto, aged about 48 years, Male, son of Kailash Mahto, resident of Adda no. 2, Roopganj P.S. - Chapra Town, District - Saran at Chapra.

... ... Petitioner/s Versus

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

 For the Petitioner/s    :        Mr. Radha Mohan Singh, Advocate
 For the State           :        Mr. Nityanand, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-08-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis

of motion slip filed by learned counsel for the petitioner on

27.07.2021, which was allowed.

3. Heard Mr. Radha Mohan Singh, learned counsel for

the petitioner and Mr. Nityanand, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with

Chapra Town PS Case No. 622 of 2020 dated 23.11.2020,

instituted under Sections 30(a), 41(i)(ii) of the Bihar Prohibition

and Excise Act, 2016 (hereinafter referred to as the 'Act').

5. The allegation against the petitioner and others is

that when the police on secret information that the petitioner,

along with three others, had stored liquor at the bank of Ghaghra Patna High Court CR. MISC. No.9553 of 2021 dt.02-08-2021

river, reached the spot, many persons were seen fleeing away to

the other side of the river by a boat in which the petitioner along

with three others have been named on being identified and on

search 50 litres of countrymade liquor kept in ten packets were

recovered from the bank of the river.

6. Learned counsel for the petitioner submitted that

there is no independent source of identification and only

because the name of the petitioner and three others was known

to the informant, who is an Assistant Sub Inspector of Police, he

has been implicated and therefore, though many persons are said

to have run away from the spot, but only four persons, including

the petitioner, have been named, which clearly shows that

implication is only because of the information received and not

identification as the informant had no basis to identify the

petitioner. It was submitted that neither recovery has been made

from the premises owned by the petitioner nor is there anything

to connect to him to the seizure shown. Thus, learned counsel

submitted that there being no connection of the seized liquor

with the petitioner, bar of Section 76(2) of the Act would not

come into play. Further, it was submitted that he has no criminal

antecedent.

7. Learned APP submitted that the petitioner was also Patna High Court CR. MISC. No.9553 of 2021 dt.02-08-2021

one of the persons, who had run away, when the police reached

the spot from where recovery has been effected.

8. Having considered the facts and circumstances of

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

recovery is not from the property of the petitioner and he has no

criminal antecedent, the Court is inclined to allow his prayer for

pre-arrest bail. Accordingly, in the event of arrest or surrender

before the Court below within six weeks from today, the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Special Judge,

Excise, Saran at Chapra, in Chapra Town PS Case No. 622 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 Patna High Court CR. MISC. No.9553 of 2021 dt.02-08-2021

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.

9. 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 petitioner.

                      10.    The      petition     stands     disposed        of   in   the

            aforementioned terms.


                                               (Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR
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