Chandan Sao @ Chandan Kumar vs The State Of Bihar
2021 Latest Caselaw 4872 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.39331 of 2020
      Arising Out of PS. Case No.-133 Year-2020 Thana- SHERGHATI District- Gaya
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Chandan Sao @ Chandan Kumar, aged about 28 years, male, Son of Late

Sanjay Sao @ Sanjay Kumar Gupta Resident Of Village- Gosaindih, P.S.-

Hunterganj, District- Chatra (Jharkhand)

... ... Petitioner/s Versus

The State of Bihar

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

For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate For the State : Mr. Sanjay Kumar Tiwary, APP ======================================================= CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-10-2021

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.

2. Heard Mr. Md. Javed Jafar Khan, learned counsel

for the petitioner and Mr. Sanjay Kumar Tiwary, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

3. The petitioner apprehends arrest in connection with

Sherghati (Dhobi) PS Case No. 133 of 2020 dated 18.03.2020,

instituted under Sections 414/34 of the Indian Penal Code and Patna High Court CR. MISC. No.39331 of 2020 dt.05-10-2021

30(d) of the Bihar Prohibition and Excise Act, 2016 (hereinafter

referred to as the 'Act').

4. The allegation against the petitioner is based on

recovery of mahua flower from a truck caught by the police,

upon disclosure by the driver that the mahua flower has been

loaded from the godown of the petitioner at Hunterganj, which

is in the State of Jharkhand.

5. Learned counsel for the petitioner submitted that in

the State of Jharkhand mahua flower is not a banned item and

even if it is accepted that it was loaded from the godown of the

petitioner, no offence can either be made out or the petitioner

charged with the same. It was further submitted that the

petitioner has no other criminal antecedent.

6. Learned APP submitted that the driver had stated

that the mahua flower was loaded from the godown of the

petitioner. However, it was not controverted that such trade in

mahua flower not being banned in the State of Jharkhand and as

per the FIR itself, the mahua flower were loaded in the State of

Jharkhand, the allegation against the petitioner would not come

under the purview of the Act.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, Patna High Court CR. MISC. No.39331 of 2020 dt.05-10-2021

since the trade in mahua flower not being banned in the State of

Jharkhand and as per the FIR itself loading being from the

godown of the petitioner in the State of Jharkhand and also the

petitioner not having any other criminal antecedent, the Court is

inclined to allow the prayer for pre-arrest bail.

8. 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 Excise

Judge, Gaya in Sherghati (Dhobi) PS Case No. 133 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 and give

undertaking with regard to good behaviour of the petitioner, and

(iii) that the petitioner shall cooperate with the Court and the

police/prosecution. Any violation of the terms and conditions of

the bonds or the undertaking or non-cooperation shall lead to

cancellation of his bail bonds.

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

violation of the foregoing conditions by the petitioner, to the Patna High Court CR. MISC. No.39331 of 2020 dt.05-10-2021

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)

Anjani/-

AFR/NAFR U T