Chhotelal Paswan @ Chhotelal Ram vs The State Of Bihar
2021 Latest Caselaw 1361 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.31901 of 2020
   Arising Out of PS. Case No.-307 Year-2020 Thana- HARSIDHI District- East Champaran
  ======================================================

Chhotelal Paswan @ Chhotelal Ram, aged about 43 years (M), son of Late Jungbahadur Hajara, resident of Village - Dhawahi, P.S. - Harsidhi, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-03-2021

Heard Mr. Umesh Chandra Verma, learned counsel

for the petitioner and Mr. Jharkhandi Upadhyay, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

2. The petitioner apprehends arrest in connection with

Harsidhi PS Case No.307 of 2020 dated 19.07.2020, instituted

under Section 30(a) of the Bihar Prohibition and Excise Act,

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

3. As per the allegation in the FIR, when the police on

secret information that liquor belonging to the petitioner was

being brought, ambushed the pickup van, the persons in the

same fled away but from the same, 192 litres of spirit was

recovered.

Patna High Court CR. MISC. No.31901 of 2020 dt.09-03-2021

4. Learned counsel for the petitioner submitted that

there is nothing to connect him to the recovered spirit and also

no details as to who has taken the name of the petitioner or has

informed the police that the recovered spirit belonged to him has

been disclosed. Learned counsel submitted that he has been

falsely implicated and that the petitioner has no criminal

antecedent.

5. Learned APP submitted that there was specific

input with the police that the illicit liquor of the petitioner was

coming and they had laid a trap and there has been recovery. It

was submitted that the name of the informer cannot be disclosed

as it would put to risk such informer and this is the standard

procedure where the police gets secret information which, in the

present case, has also resulted in recovery. It was submitted that

there is no reason why there would be false implication on the

part of the police. Further, it was submitted that even the bar of

Section 76(2) of the Act would apply since, as per the allegation

in the FIR, offence is made out under the Act as it is alleged that

the consignment belonged to the petitioner.

6. Having considered the facts and circumstances of

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

Court is not inclined to grant pre-arrest bail to the petitioner.

Patna High Court CR. MISC. No.31901 of 2020 dt.09-03-2021

7. Accordingly, the application stands dismissed.

8. However, in view of prayer made by learned

counsel for the petitioner, it is observed that if the petitioner

appears before the Court below and prays for bail within four

weeks from today, the same shall be considered, on its own

merits, in accordance with law, without being prejudiced by the

present order.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T