Bipin Mandal vs The State Of Bihar
2021 Latest Caselaw 4880 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.25842 of 2021
       Arising Out of PS. Case No.-272 Year-2020 Thana- JHAJHA District- Jamui
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Bipin Mandal, aged about 38 years (M), son of Suresh Mandal (though it has been wrongly Mentioned as Yanu Mandal in the F.I.R.), resident of Village- Dhamna, P.S.- Jhajha, Dist.- Jamui

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

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

For the Petitioner/s    :        Mr. Prabhat Ranjan Singh, Advocate
For the State           :        Mr. Kalyan Shankar, 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. Prabhat Ranjan Singh, learned counsel

for the petitioner and Mr. Kalyan Shankar, learned Additional

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

State.

3. The petitioner apprehends arrest in connection with

Jhajha PS Case No. 272 of 2020 dated 16.08.2020, instituted

under Sections 272, 273 of the Indian Penal Code and 30(a) and

38(b) of the Bihar Prohibition and Excise Act, 2016.

4. The allegation against the petitioner in the FIR is

that when the police, on secret information that countrymade Patna High Court CR. MISC. No.25842 of 2021 dt.05-10-2021

Mahua wine was being brewed, reached the spot, two persons

were seen fleeing away and despite efforts were not caught and

the local workers in the field identified the two persons

including the petitioner. Thereafter, the seizure list was prepared

in presence of the witnesses from the raiding party as it has been

stated that no independent witness was available.

5. Learned counsel for the petitioner submitted that

the identification has been without any disclosure of the source

and even in the FIR, the name of father of the petitioner has

wrongly been mentioned. Learned counsel submitted that from

the FIR itself it is clear that the identification was made on the

basis of the statement of the labourers, who were working in the

field, but thereafter it is further stated that no independent

witness was available, which is self contradictory. Learned

counsel submitted that the petitioner has no criminal antecedent.

6. Learned APP submitted that the identification has

been made by the local labourers. However, he could not

explain as to how it has been written that no independent

witnesses were available when the identification itself is on the

basis of labourers who were there in the field and further with

regard to there being discrepancy in the name of the father of

the petitioner.

Patna High Court CR. MISC. No.25842 of 2021 dt.05-10-2021

7. Having considered the facts and circumstances of

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

view of the fact that the identification is on the basis of

statement of farm labourers, who were present there, and

thereafter it is stated that no independent witness was available

for the seizure and also there being discrepancy in the name of

the father of the petitioner coupled with the fact that the

petitioner has no 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 Additional

Sessions Judge, 2nd, Jamui, in Jhajha PS Case No. 272 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, (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 Patna High Court CR. MISC. No.25842 of 2021 dt.05-10-2021

provisions, tamper with the evidence or influence the witnesses

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

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

the bonds or the undertaking or failure to cooperate 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

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 U T