1. Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Majhauliya P.S. Case No. 230 of 2020 instituted under Sections 284, 285, 403, 406, 407, 408,
409, 420 and 34 of the Indian Penal Code read with Sections 30(a), 31 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 25000 litres of Ethanol alcohol was being transported from distillery Majhualia Sugar Industries Pvt. Ltd.
Majhualia to IOCL, Barauni, Begusarai on 25.04.2020 under Tanker bearing Reg. No. UP53AT1786 operated by Indian Tankers Pvt. Ltd.
Gorakhpur. The Excise Department Motihari, during course of raid near Old Hazara Bis Line Hotel, on the way from Muzaffarpur to Motihari
recovered 4 drums of 200 litres each and 8 gallons of 35 litres each from the pickup van bearing Reg. No. BR02GA-1445 which was being used for
fetching up the ethanol alcohol through a pipe with one of the chambers i.e. Chamber No.- A of tanker in question. During course of inspection of
Majhaulia Distillery, it was found that the illegal trade of denatured ethyl alcohol was being deliberately promoted by the management of the Majhaulia
distillery, agency authorized for installing digital lock and the management responsible for transportation of tanker of Indian Tankers Pvt.
4. The allegation against the petitioner is that despite repeated instructions given by Superintendent Prohibition, West Champaran, Bettiah to the
Management of Majhaulia Distillery, neither Dharmakanta has been arranged under the prescribed standard, nor C.C.T.V. arrangements have been
made and such tankers with irregularity in which there is no integrated arrangement of connecting rod the lower part of digital lock with the gate of
the upper chambers and continuous dispatch of ethanol is being done, without the representative of the prescribed agency of the digital lock.
5. Learned senior counsel for the petitioner has submitted that the petitioner who is Chief General Manager of Majhauliya Sugar Industries Pvt. Ltd.,
is innocent and has been falsely implicated in this case. M/s Majhauliya Sugar Industries Pvt. Ltd. has a distillery located in Majhauliya which is
engaged in production of ethanol under the permission and licence granted to it by the authority and transporting it through M/s Indian Tankers Pvt.
Ltd. whose tanker after due verification, GPS and digital seal transport ethanol to various oil companies depot and the electronic locks were being
provided by M/s M.S.D. Telemematrix Pvt. Ltd. after due registration by Bihar Excise Department. It is further submitted that on the same fact
F.I.R. bearing Excise Case No.195 of 2020 has been registered on 26.04.2020 by the Excise Inspector, Sikharna Division, East Champaran against
eight accused persons including the owner, driver of tanker, pickup van and Indian Tanker Pvt. Ltd. When the petitioner came to know about such
incident, the petitioner on behalf of company made complaint on 27.04.2020 to the Police stating that truck was dispatched after following rules and
regulations from the warehouse, however, subsequently the truck driver and transport company appears to have indulged in illicit siphoning of ethanol
causing huge loss to petitioner company for which Majhauliya P.S. Case No.232 of 2020 was registered against transporter M/s Indian Tanker Pvt.
Ltd. and the driver of the said tanker. He has further submitted that present F.I.R. implicating the petitioner on the ground of connivance is an abuse
of process of law. No case is made out against the petitioner and he is entitled for anticipatory bail in this case and the petitioner shall cooperate in
investigation of the case. The petitioner has two criminal antecedents.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, this Criminal Misc. Application is allowed.
In the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran,
Bettiah in connection with Majhauliya P.S. Case No. 230 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973.
