Allowed

Raj Kumar Mahto v. The State of Bihar

Patna HC26 Jul 2023CR. MISC./36258/2023

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 CrPC in a Bihar Prohibition and Excise Act case. The court noted the liquor was not found in conscious possession and custodial interrogation was unnecessary, granting bail on conditions including availability for investigation.

What did the court decide?

Applicants released on anticipatory bail on executing personal bond of Rs.10,000 with one surety of like amount, subject to stated conditions including cooperation with investigation and presence at p

Raj Kumar Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36258 of 2023

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Arising Out of PS. Case No.-13 Year-2023 Thana- BANIAPUR District- Saran

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

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1. RAJ KUMAR MAHTO son of Rajnath Mahto Village- Mirjapur, PsBaniyapur Dist- Saran at Chapra

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Moti Rai son of Manju Rai Village- Usti, Ps- Baniyapur Dist- Saran at Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ======================================================

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

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2 27-07-2023 This application is filed under Section 438 of Code of Criminal Procedure, 1973 for enlarging the applicants on anticipatory bail in connection with Baniyapur P.S. Case No. 13 of 2023, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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Heard Mr. Dewendra Narayan Singh, learned advocate for the applicants and Mr. Shyam Bihari Singh, learned APP for respondent-State.

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Learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicants will keep themselves available during the

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Patna High Court CR. MISC. No.36258 of 2023(2) dt.27-07-2023 2/5

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course of investigation, trial also and will not flee from justice.

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Learned advocate for the applicants on instructions states that the applicants are 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 applicants accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the applicants 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 applicants.

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This Court has considered following aspects:

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(i) The alleged 50 liters of liquor was not found from

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Patna High Court CR. MISC. No.36258 of 2023(2) dt.27-07-2023 3/5

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the conscious possession of the applicants.

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(ii) Applicant No. 1 is not having any antecedent whereas against applicant No. 2 one FIR is registered wherein he has been enlarged on regular bail.

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(iii) Custodial interrogation of the applicants is not required in the facts of the present case.

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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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Accordingly, the applicants, named above, are ordered to be released on bail in the event of their arrest in connection with Baniyapur P.S. Case No. 13 of 2023, 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 Additional Sessions Judge, 2nd-cum-1st Exclusive Special Judge, Excise, Saran at Chapra, on the following conditions:

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(a) shall cooperate with the investigation and make

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Patna High Court CR. MISC. No.36258 of 2023(2) dt.27-07-2023 4/5

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themselves available for interrogation, whenever required;

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(b) shall remain present at concerned Police Station

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on 16th August, 2023 between 11:00 a.m. and 02:00 p.m.;

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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 applicants. The applicants 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

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Patna High Court CR. MISC. No.36258 of 2023(2) dt.27-07-2023 5/5

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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 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 applicants, 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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Adnan/-

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U T

Raj Kumar Mahto v. The State of Bihar

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Raj Kumar Mahto v. The State of Bihar

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