Patna High Court
Suman Paswan vs The State Of Bihar on 23 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 39371 of 2020
Arising Out of PS. Case No.-100 Year-2020 Thana- TILAUTHU District- Rohtas
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Suman Paswan, aged about 34 years, Male, Son of Shailesh Paswan, Resident
of Village- Uttar Patti Tilauthu, PS- Tilauthu, District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the State : Mr. Satyendra Narayan Singh, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 23-08-2021
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, which was
allowed.
3. Heard Mr. Babu Nandan Prasad, learned counsel for
the petitioner and Mr. Satyendra Narayan Singh, learned
Additional Public Prosecutor (hereinafter referred to as the 'APP')
for the State.
4. The petitioner apprehends arrest in connection with
Tilauthu PS Case No. 100 of 2020 dated 20.08.2020, instituted
under Section 30(a) of the Bihar Prohibition and Excise Act, 2016
(hereinafter referred to as the 'Act').
5. The allegation against the petitioner and two other
named and one unknown person is that when police on secret
Patna High Court CR. MISC. No.39371 of 2020 dt.23-08-2021
information that they were carrying illegal mahua wine of 5 to 6
bags through the boat and had kept it on a tempo for carrying it to
another place, the raiding party reached the spot, four persons fled
away upon seeing the police and upon chase could not be caught
due to high level of water in the river and three persons, including
the petitioner, were identified by the local Chowkidar but the 4th
was not identified and from the spot, from the tempo, 250 litres of
illegal mahua wine was recovered.
6. Learned counsel for the petitioner submitted that due
to enmity, the local Chowkidar has taken his name and he was
neither involved in the trade of liquor nor was connected with the
seized articles. Further, it was submitted that the petitioner has no
other criminal antecedent. It was submitted that other two co-
accused have been released on bail by the Court below.
7. Learned APP submitted that there cannot be any false
implication of the petitioner due to enmity with the Chowkidar for
the reason that no specific instance has been shown and most
importantly, the fact that four persons are said to have fled away
and only three persons have been identified by the Chowkidar,
shows that he has honestly stated that he could not recognize the
4th person. Thus, it was submitted that once the petitioner is also
one of the persons who had run away on seeing the police and
Patna High Court CR. MISC. No.39371 of 2020 dt.23-08-2021
from the place there being huge recovery of liquor, an offence is
made out under the Act, and the present petition under Section 438
of the Code of Criminal Procedure, 1973 would not be
maintainable in view of bar of Section 76(2) of the Act. It was
further submitted that the petitioner may also appear before the
Court below and pray for bail as the other two named co-accused
had also been granted bail by the Court below.
8. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, the Court
finds substance in the contention of learned APP. The fact that
four persons are said to have fled away, and the Chowkidar
identifying only three persons and fairly stating that he could not
identify the 4th person and there being recovery of huge quantity
of liquor, prima facie an offence is made out under the Act against
the petitioner. Thus, as has rightly been submitted by learned APP,
the bar of Section 76(2) of the Act would apply.
9. In the aforesaid background, the petition stands
dismissed as not maintainable.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
