Patna High CourtBipin Mandal vs The State Of Bihar on 5 October, 2021Author:Ahsanuddin AmanullahBench:Ahsanuddin AmanullahIN THE HIGH COURT OF JUDICATURE AT PATNA\n             CRIMINAL MISCELLANEOUS No.25842 of 2021\n       Arising Out of PS. Case No.-272 Year-2020 Thana- JHAJHA District- Jamui\n======================================================\nBipin Mandal, aged about 38 years (M), son of Suresh Mandal (though it has\nbeen wrongly Mentioned as Yanu Mandal in the F.I.R.), resident of Village-\nDhamna, P.S.- Jhajha, Dist.- Jamui\n\n                                                                  ... ... Petitioner/s\n                                       Versus\nThe State Of Bihar\n\n                                       ... ... Opposite Party/s\n======================================================\nAppearance :\nFor the Petitioner/s    :        Mr. Prabhat Ranjan Singh, Advocate\nFor the State           :        Mr. Kalyan Shankar, APP\n======================================================\nCORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH\n                        ORAL JUDGMENTDate : 05-10-2021\n\n               The case has been taken up out of turn on the basis of\n\n motion slip filed by learned counsel for the petitioner, which\n\n was allowed.2. Heard Mr. Prabhat Ranjan Singh, learned counsel\n\n for the petitioner and Mr. Kalyan Shankar, learned Additional\n\n Public Prosecutor (hereinafter referred to as the 'APP') for the\n\n State.3. The petitioner apprehends arrest in connection with\n\n Jhajha PS Case No. 272 of 2020 dated 16.08.2020, instituted\n\n underSections 272,273of the Indian Penal Code and 30(a) and\n\n 38(b) of theBihar Prohibition and Excise Act, 2016.4. The allegation against the petitioner in the FIR is\n\n that when the police, on secret information that countrymade\n        Patna High Court CR. MISC. No.25842 of 2021 dt.05-10-20212/4Mahua wine was being brewed, reached the spot, two persons\n\nwere seen fleeing away and despite efforts were not caught and\n\nthe local workers in the field identified the two persons\n\nincluding the petitioner. Thereafter, the seizure list was prepared\n\nin presence of the witnesses from the raiding party as it has been\n\nstated that no independent witness was available.5. Learned counsel for the petitioner submitted that\n\nthe identification has been without any disclosure of the source\n\nand even in the FIR, the name of father of the petitioner has\n\nwrongly been mentioned. Learned counsel submitted that from\n\nthe FIR itself it is clear that the identification was made on the\n\nbasis of the statement of the labourers, who were working in the\n\nfield, but thereafter it is further stated that no independent\n\nwitness was available, which is self contradictory. Learned\n\ncounsel submitted that the petitioner has no criminal antecedent.6. Learned APP submitted that the identification has\n\nbeen made by the local labourers. However, he could not\n\nexplain as to how it has been written that no independent\n\nwitnesses were available when the identification itself is on the\n\nbasis of labourers who were there in the field and further with\n\nregard to there being discrepancy in the name of the father of\n\nthe petitioner.Patna High Court CR. MISC. No.25842 of 2021 dt.05-10-20213/47. Having considered the facts and circumstances of\n\nthe case and submissions of learned counsel for the parties, in\n\nview of the fact that the identification is on the basis of\n\nstatement of farm labourers, who were present there, and\n\nthereafter it is stated that no independent witness was available\n\nfor the seizure and also there being discrepancy in the name of\n\nthe father of the petitioner coupled with the fact that the\n\npetitioner has no other criminal antecedent, the Court is inclined\n\nto allow the prayer for pre-arrest bail.8. Accordingly, in the event of arrest or surrender\n\nbefore the Court below within six weeks from today, the\n\npetitioner be released on bail upon furnishing bail bonds of Rs.\n\n25,000/- (twenty five thousand) with two sureties of the like\n\namount each to the satisfaction of the learned Additional\n\nSessions Judge, 2nd, Jamui, in Jhajha PS Case No. 272 of 2020,\n\nsubject to the conditions laid down inSection 438(2)of the\n\nCode of Criminal Procedure, 1973 and further (i) that one of the\n\nbailors shall be a close relative of the petitioner, (ii) that the\n\npetitioner and the bailors shall execute bond with regard to good\n\nbehaviour of the petitioner, (iii) that the petitioner shall also give\n\nan undertaking to the Court that he shall not indulge in any\n\nillegal/criminal activity, act in violation of any law/statutory\n                    Patna High Court CR. MISC. No.25842 of 2021 dt.05-10-20214/4provisions, tamper with the evidence or influence the witnesses\n\n            and (iv) that the petitioner shall cooperate with the Court and\n\n            police/prosecution. Any violation of the terms and conditions of\n\n            the bonds or the undertaking or failure to cooperate shall lead to\n\n            cancellation of his bail bonds.9. It shall also be open for the prosecution to bring\n\n            any violation of the foregoing conditions by the petitioner, to the\n\n            notice of the Court concerned, which shall take immediate\n\n            action on the same after giving opportunity of hearing to the\n\n            petitioner.10.   The   petition     stands     disposed         of   in   the\n\n            aforementioned terms.(Ahsanuddin Amanullah, J)\n\nJ. Alam/-AFR/NAFR\nU\nT