Allowed

Suraj Das @Suraj Kumar v. The State of Bihar

Patna HC3 Aug 2023CR. MISC./37909/2023

Case brief

AI extract

What is this about?

This High Court of Patna granted anticipatory bail to the applicant facing charges under IPC Sections 272, 273, 34 and Bihar Prohibition Act. The applicant was ordered to execute a bond and comply with specific conditions while allowing the investigation agency to apply for police remand.

What did the court decide?

Anticipatory bail granted on personal bond of Rs.10,000/- with one surety, subject to specific conditions including availability for interrogation and appearance at designated police station.

Suraj Das @Suraj Kumar 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.37909 of 2023

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Arising Out of PS. Case No.-39 Year-2023 Thana- PAHARPUR District- East Champaran

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

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Suraj Das @ Suraj Kumar Son of Late Ram Lochan Das Resident of VillageNonia Makhaniya, PS- Paharpur, Distt- East Champaran Motihari.

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... ... Petitioner/s

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Versus

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The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Manoj Kumar, APP

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

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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

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ORAL ORDER

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2 03-08-2023 This application is filed under Section 438 of Code of

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Criminal Procedure, 1973 for enlarging the applicant on anticipatory bail in connection with Paharpur P.S. Case No.39 of 2023, registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code as well as Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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Heard Mr. Rajesh 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.37909 of 2023(2) dt.03-08-2023 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) It is submitted that the applicant has been implicated on the basis of statement of co-accused and he was

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Patna High Court CR. MISC. No.37909 of 2023(2) dt.03-08-2023 3/5

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not present at the time of raid.

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(ii) 8 litre and 100 ml. country made liquor was not found from the conscious possession of the present applicant.

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(iii) Though it is contended by learned APP that there are two other cases registered against the applicant, it is submitted by learned counsel for the applicant that the said cases were registered in the year 2020 wherein the applicant has been enlarged on bail.

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(iv) Custodial interrogation of the applicant is not required.

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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 applicant, named above, is ordered to be released on bail in the event of his arrest in connection with Paharpur P.S. Case No.39 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

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Patna High Court CR. MISC. No.37909 of 2023(2) dt.03-08-2023 4/5

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Exclusive Special Excise Court No.1, Civil Court, East Champaran, Motihari 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 24th 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 applicant. The applicant shall remain present

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Patna High Court CR. MISC. No.37909 of 2023(2) dt.03-08-2023 5/5

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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 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 applicant, 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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Sanjay/-

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U T

Suraj Das @Suraj Kumar v. The State of Bihar

Case brief

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Suraj Das @Suraj Kumar v. The State of Bihar

Case brief

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