Madan Dewan @ Madan Devan vs The State Of Bihar
2021 Latest Caselaw 3219 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 37192 of 2020

Arising Out of PS. Case No.-119 Year-2019 Thana- GHORASAHAN (JITNA) District-East
                                      Champaran
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Madan Dewan @ Madan Devan, aged about 55 years, Gender-Male, Son of Late Farmud Dewan, Resident of Village-Champapur Khas (Kodarkat), P.S.- Jitna, District-East Champaran

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

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

For the Petitioner/s   :       Mr. Ajay Kumar Singh, Advocate
For the State          :       Mr. Binod Kumar No. 3, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ajay Kumar Singh, learned counsel for

the petitioner and Mr. Binod Kumar No. 3, learned Additional

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

State.

3. The petitioner apprehends arrest in connection with

Ghorasahan (Jitna) PS Case No. 119 of 2019 dated 05.04.2019,

instituted under Section 30(a) of the Bihar Prohibition and

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

4. The allegation against the petitioner is that on

seeing the police, six persons carrying sacks on their head,

threw the same and started fleeing and one Ravindra Paswan Patna High Court CR. MISC. No. 37192 of 2020 dt.09-07-2021

was caught and from the six sacks, 578 bottles of Nepali kasturi

liquor totalling 173.400 litres was recovered and the petitioner

has also been named as one of the persons who had fled away,

by the arrested person.

5. Learned counsel for the petitioner submitted that he

has been falsely implicated as neither has he been caught nor

recovery has been made from his house. It was submitted that

the petitioner due to local rivalry has been named without him

being involved in any way or connected with the recovered

liquor. Learned counsel submitted that the petitioner has no

other criminal antecedent. It was further submitted that as there

is no nexus or connection of the petitioner with the recovered

liquor, the bar of Section 76(2) of the Act with regard to

maintainability of the present petition for grant of anticipatory

bail under Section 438 of the Code of Criminal Procedure, 1973,

would not apply.

6. Learned APP submitted that the person who was

caught has named the petitioner as one of the persons who had

thrown one of the sacks and had run away and the recovery

from the sack is of liquor and, thus, the petitioner cannot be said

to be clean.

7. Having considered the facts and circumstances of Patna High Court CR. MISC. No. 37192 of 2020 dt.09-07-2021

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

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, East Champaran at Motihari

in Ghorasahan (Jitna) PS Case No. 119 of 2019, 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.

8. It shall also be open for the prosecution to bring any Patna High Court CR. MISC. No. 37192 of 2020 dt.09-07-2021

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.

9. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T