Allowed

Harsh Pathak @ Bittu Kumar v. The State of Bihar

Patna HC26 Jul 2023CR. MISC./36133/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the applicant in a liquor-related case, noting no liquor was recovered from him and he has no criminal record, subject to standard bail conditions and pending future police remand applications.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 10,000 with one surety, subject to conditions including court appearance and cooperation with investigation.

Harsh Pathak @ Bittu Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36133 of 2023

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Arising Out of PS. Case No.-798 Year-2022 Thana- BARH District- Patna

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======================================================

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Harsh Pathak @ Bittu Kumar Son Of Dhirendra Pathak @ Dhuri Pandit Resident Of Village - Umanagth, P.S.- Barh, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Suraj Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI ORAL ORDER

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2 26-07-2023

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This application is filed under Section 438 of Code of Criminal Procedure, 1973 for enlarging the applicant on anticipatory bail in connection with Barh P.S. Case No. 798 of 2022 dated 07.12.2022, registered for the offences punishable under Section 30(a) of the Bihar Prohibition Excise Act, 2016.

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Heard Mr. Suraj Kumar, learned advocate for the applicant and Mr. Manoj Kumar, learned APP for respondentState.

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Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.

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Patna High Court CR. MISC. No.36133 of 2023(2) dt.26-07-2023 2/5

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Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He further submits that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.

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Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.

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Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant.

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This Court has considered following aspects:

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(i) There is no recovery of liquor from the possession

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of the present applicant/accused.

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Patna High Court CR. MISC. No.36133 of 2023(2) dt.26-07-2023 3/5

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(ii) This Court has also considered the fact that there is no antecedents against the applicant.

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This Court has also taken into consideration the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors. , reported at (2011) 1 SCC 694 , wherein the Hon’ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab , reported at (1980) 2 SCC 565 .

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Looking to the quantity of the liquor which was seized from the other co-accused, I am inclined to consider the case of the applicant. Accordingly, the applicant, named above, is ordered to be released on bail in the event of his arrest in connection with Barh P.S. Case No. 798 of 2022, on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount to the satisfaction of learned Court of Special Judge Excise, Barh, Patna on the following conditions:

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(a) shall cooperate with the investigation and make himself available for interrogation, whenever required;

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(b) shall remain present at concerned Police Station on 16th August, 2023 between 11:00 a.m. and 02:00 p.m.;

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Patna High Court CR. MISC. No.36133 of 2023(2) dt.26-07-2023 4/5

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(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

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(d) shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police;

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(e) shall not leave India without the permission of the concerned trial court and, if having passport, shall deposit the same before the concerned trial court within a week; and

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(f) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the competent Court would decide it on merits;

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Despite this order, it would be open for the Investigating Agency to apply to the competent Court, for police remand of the applicant. The applicant shall remain present before the competent Court on the first date of hearing of such application and on all subsequent occasions, as may be directed by the competent Court. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek

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Patna High Court CR. MISC. No.36133 of 2023(2) dt.26-07-2023 5/5

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stay against an order of remand, if, ultimately, granted, and the power of the competent Court to consider such a request in accordance with law. It is clarified that the applican t, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.

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At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.

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This application is, accordingly, allowed.

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(Vipul M. Pancholi, J)

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Sachin/-

Harsh Pathak @ Bittu Kumar v. The State of Bihar

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Harsh Pathak @ Bittu Kumar v. The State of Bihar

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