Patna High Court
Rampukar Kumar @ Rampukar Yadav vs The State Of Bihar on 3 September, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37209 of 2020
Arising Out of PS. Case No.-224 Year-2020 Thana- KALYANPUR District- East Champaran
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Rampukar Kumar @ Rampukar Yadav, aged 45 years, Male, Son of Late Rup
Narayan Rai, Resident of Village - Yamunapur, PS - Kalyanpur, District - East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate
For the State : Mr. Brajendra Nath Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 03-09-2021
The matter has been heard via video conferencing.
2. Heard Mr. Umesh Chandra Verma, learned counsel
for the petitioner and Mr. Brajendra Nath Pandey, learned
Additional Public Prosecutor (hereinafter referred to as the
'APP') for the State.
3. The petitioner apprehends arrest in connection with
Kalyanpur PS Case No. 224 of 2020 dated 02.09.2020,
instituted under Sections 272/273 of the Indian Penal Code and
30(a)/41(1) of the Bihar Prohibition and Excise Act, 2016
(hereinafter referred to as the 'Act').
4. The allegation against the petitioner is that on
secret information that the petitioner was selling foreign liquor
Patna High Court CR. MISC. No.37209 of 2020 dt.03-09-2021
from his paddy field, when the police went there, 154.650 litres of
foreign liquor was recovered from a paddy field, which is
said to belong to the petitioner, as was disclosed by the
villagers.
5. On 13.07.2021, learned counsel for the petitioner had
submitted that he has been falsely implicated as the field from
which recovery is shown does not belong to him and only because
it is stated that the villagers had informed that the field belongs to
the petitioner, he has been made accused. Learned counsel drew
the attention of the Court to the categorical statement made in
paragraph no. 9 of the petition to this effect. Learned counsel
submitted that he has been made accused under the same police
station in another case i.e., Kalyanpur PS Case No. 218 of 2020
in similar circumstances only at the instance of his enemies.
6. On such stand, the Court had asked learned APP to
obtain the up-to-date legible photocopy of the entire case diary as
also a detailed report after due enquiry with regard to whether the
field from which recovery is shown in the present case belongs to
the petitioner/his family, from the Superintendent of Police, East
Champaran.
7. In terms thereof, a report has been submitted by the
Superintendent of Police, East Champaran dated 05.08.2021, in
Patna High Court CR. MISC. No.37209 of 2020 dt.03-09-2021
which it has been stated that the Circle Officer, Kalyanpur, East
Champaran, Motihari has reported that the field from which
recovery of liquor has been effected is under the possession and
cultivation of the petitioner.
8. Having regard to the aforesaid, the Court finds that
once recovery is from the place which is under possession and
cultivation of the petitioner, prima facie, an offence is made out
under the Act and, thus, the present petition under Section 438 of
the Code of Criminal Procedure, 1973 would not be maintainable
due to bar of Section 76(2) of the Act.
9. Accordingly, the petition stands dismissed as not
maintainable.
10. Interim protection granted to the petitioner under
order dated 13.07.2021, stands withdrawn.
11. However, in view of submission of learned counsel
for the petitioner, it is observed that if the petitioner appears
before the Court below and prays for bail, the same shall be
considered on its own merits, in accordance with law, without
being prejudiced by the present order.
12. By order dated 13.08.2021, the Court had called for
an explanation from the Superintendent of Police, East
Champaran with regard to why, despite the Court directing learned
Patna High Court CR. MISC. No.37209 of 2020 dt.03-09-2021
APP to obtain copy of the case diary and the report, the same was
submitted in the Registry of the Court, the Superintendent of
Police, East Champaran, Motihari has submitted an explanation
under Letter No. 398 dated 25.08.2021, in which it has been stated
that the messenger upon reaching Patna had contacted learned
APP who had asked him to submit the same in the Registry of the
High Court as he was out of station. Learned APP submitted that
the same was due to some misconception and communication gap.
13. Having regard to the aforesaid, the Court finds that
there has been no deliberate or wilful laches on the part of the
Superintendent of Police, East Champaran, Motihari in the matter.
Accordingly, the explanation his accepted and the issue stands
consigned.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
