Patna High Court - Orders
Janardan Prasad vs The State Of Bihar on 19 February, 2019
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9117 of 2019
Arising Out of PS. Case No.-615 Year-2018 Thana- SIWAN CITY District- Siwan
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JANARDAN PRASAD(Male), aged about 53 years, S/o Late Ramchandra
Mehta, resident of village-Bilandachak, Post-Nisiawan, Police Station-
Masaurhi, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Manish Kumar No2
For the Opposite Party/s : Mr.Sunil Kumar Pandey
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
2 19-02-2019Heard Mr. P.K.Shahi, learned senior counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Nagar P.S. Case No.615 of 2018 registered under Sections 420 and 120(B) of the Indian Penal Code and Section 52 of Bihar Prohibition of Excise Act.
The Superintendent of Excise alleged in his written report that on secret information, Sub-Inspector of Excise, Rajesh Kumar Sinha and Excise Constables, Rakesh Kumar I and Dhiraj Kumar Singh in fact seized 386 cartoons containing bottles of Indian made foreign liquor but Rajesh Kumar Sinha, Sub-Inspector of Excise in collusion with two Constables prepared seizure list of 280 cartoons and thus, showed less Patna High Court Cr.Misc. No.9117 of 2019(2) dt.19-02-2019 2/4 amount of recovery of the liquor. On physical verification of the Malkhana, it transpired that in fact, 386 cartoons of liquor were recovered.
Mr. P.K.Shahi, the learned senior counsel for the petitioner submits that from perusal of the prosecution report prepared by Rajesh Kumar Sinha on 14.07.2018 on which CIII 207 of 2018 was filed for recovery of liquor from a pick up van in which Meghnath Yadav and Sonu Kumar, the driver and co- driver of the vehicle were made accused, it would appear that raid was conducted under the supervision of Inspector of Excise. Petitioner was Inspector of Excise. In fact, petitioner was not present on the place of occurrence. The petitioner being Inspector of Excise directed the Sub-Inspector of Excise to verify the information about carrying of huge quantity of liquor on a pick up van and the Excise Sub-inspector namely, Rajesh Kumar Sinha and two Constables, namely, Rakesh Kumar I and Dhiraj Kumar Singh seized the articles and prepared the seizure list. The petitioner did not put signature on any of the papers much less on the seizure list and this fact itself indicates that the petitioner was not present on the place of occurrence when the seizure list was prepared but since Rajesh Kumar Sinha wrote in the prosecution report that the search and seizure was made Patna High Court Cr.Misc. No.9117 of 2019(2) dt.19-02-2019 3/4 under the supervision of the petitioner being the Excise Inspector, the petitioner has also been made accused in the present case.
Perused the F.I.R. and the prosecution report. From perusal of the F.I.R., it appears that petitioner is not named accused in the present case but during the course of investigation on the basis of the prosecution report in which Rajesh Kumar Sinha wrote that the search and seizure was made under the supervision of the Inspector of Excise, petitioner was made accused in the present case and on the basis of which the investigating officer intends to arrest the petitioner.
Taking into consideration the facts that the petitioner has not put any signature either on the seizure list or in prosecution report prepared by Rajesh Kumar Sinha and there is nothing on record to show that the petitioner was present on the place of occurrence when the seizure list was being prepared by Rajesh Kumar Sinha, Sub-Inspector of Excise who showed recovery of only 280 cartoons but in fact, 386 cartoons were recovered, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) Patna High Court Cr.Misc. No.9117 of 2019(2) dt.19-02-2019 4/4 with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cum- Special Judge, Excise, Siwan in connection with Nagar P.S. Case No.615 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/-
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