Supreme Court sets aside Patna High Court's order in anticipatory bail case under Bihar Prohibition and Excise Act from Aurangabad

On March 21, 2024, Supreme Court's bench of Justices B.V. Nagarathna and Augustine  George Masih set aside the order of Patna High Court passed on December 12, 2023 by Justice Anjani Kumar Sharan rejecting the application for anticipatory bail from Aurangabad in Chandan Kumar Vs. State of Bihar (2023). 

Prior to this the petitioner had approached the High Court apprehending his arrest in Amba P.S. Case No. 149 of 2021 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018. Altogether 2541.600 litres of foreign liquor was recovered from the truck. It came ti light that the consignment belonged to the petitioner and his associates. The counsel for the petitioner submitted that petitioner was quite innocent and had committed no offence. No incriminating article was recovered from the conscious physical possession of the petitioner. He had no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against him is general and omnibus. He was not apprehended on the spot. He had not consumed liquor. There was nothing on record to indicate the complicity of the petitioner barring the confessional statement of the apprehended person which has no evidentiary value in the eye of law. The High Court had concluded: "Having regard to the facts and circumstances of the case, as petitioner has one criminal antecedent of similar nature, I am not inclined to enlarge him on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected."

The Supreme Court's order in Chandan Kumar Vs. State of Bihar (2024) recorded that two co-accused have been granted anticipatory bail and three other co-accused are on regular bail. The counsel for the appellant submitted that there is nothing to connect the appellant vis-a-vis the recovery made from the truck and even though the appellant’s name may have been mentioned in the FIR, he was not at the spot when co- accused were apprehended along with foreign liquor. He, therefore, submitted that this is a fit case where anticipatory bail may be granted. 

The Court concluded:"Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 438 of the Code. We, therefore, allow this appeal and set aside the order passed by the High Court dated 12.12.2023. We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties." 

 

After the assault on Aurangabad judge, Madhubani judge assaulted by police officers

Bihar Police officers have assaulted Madhubani District & Sessions judge, according the order of Patna High Court's Division Bench. The court has summoned Chief Secretary, Bihar and DGP, Bihar on 29 November, 2021. Similar incident was reported last year from Aurangabad. 

In CWJC-19047/2021, the High Court on its own motion passed an order on a letter dated 18/12/2021 and summoned Chief Secretary, Bihar and DGP, Bihar. 

Station House Officer Gopal Krishna and Sub-Inspector of Police of Ghoghardiha, Madubani Abhimanyu Kumar Sharma  entered the chamber of judge Avinash Kumar and manhandled and abused the judge. 

In this alarming incident from Bihar, two police officers assaulted and abused an Additional District and Sessions Judge inside his chamber on 18/11/2021.

An order passed by the High Court based on the information received from District and Sessions Judge of Madhubani, narrated the sequence of events.

The order was passed on a suo motu case initiated by the High Court after receiving the communication from District and Sessions Judge, Madhubani regarding the incident.

The order said that Station House Officer Gopal Krishna and Sub-Inspector of Police of Ghoghardiha, Abhimanyu Kumar forcibly entered the chamber of judge Avinash Kumar who is an Additional District and Sessions Judge, Jhanjharpur, and started abusing and insultingvhim.

Both police officers manhandled the Judge and physically assaulted him, the High Court order said.

"They also took out their service revolvers and wanted to attack the officer. However, certain Court employees and Advocates reached their due to which life of the officer was saved," the order stated.

The High Court said that prima facie, it appeared that the episode is such that it puts the independence of judiciary in jeopardy.

The Court, therefore, issued notice to the senior most state officials. Lawyers associations have been demanding  independent security force for the court premises. There was a similar incident in Aurangabad last year wherein District Judge, Aurangabad was assaulted by a S.I. of Bihar Police. 

On October 21, 2020 an the unprecedented, unwarranted assault and intimidation occurred with  Dr. Dinesh Pradhan, District Judge, Aurangabad, Bihar by Bihar Police. Bihar Judicial Services Association and Association for Judges, Gujarat has condemned the incident.

Citizens Forum for Civil Liberties (CFCL) took note of the Letter of Condemnation dated October 31, 2020 in the matter of unprecedented and unwarranted assault on Dr. Dinesh Pradhan, District Judge, Aurangabad, Bihar on October 21, 2020 by S.I. Pranav of Bihar Police in reaction to action against him and a few other police officers by Judge Dr. Pradhan for dereliction of duty a few months back when he was the chief judicial magistrate, Aurangabad. 

CFCL had sought details of the letters/statements of Bihar Judicial Services Association including its  October 24 letter to DGP and letters/statements of All India Judges Association. It is also looking for a copy of the Aurangabad DM's order initiating an inquiry into the matter, written application against erring police personnel with Town Police Station prior to the incident and after the incident. 

Association of Judges had rightly said that "This is not an assault on and insult with Dr. Pradhan   only  but   is   assault   on   and   insult   of the whole subordinate Judiciary of the nation." 

In such cases, unless higher judiciary ensures stringent exemplary action, the day is not far when the spark will reach the judges of High Courts and Supreme Court. State Government is expected to act immediately against the erring policemen after the elections.  The concerns raised by CFCL and Association of Judges in the earlier case remain germane in this case as well. 

Supreme Court to hear Aurangabad District Judge Assault case on 15 January

On December 16, 2020, Supreme Court's three-judge bench headed by Justice AM Khanwilkar comprising of Justices B R Gavai and Krishna Murari sought the response of the Bihar government on a plea demanding judicial inquiry into physical attack on Dr. Dinesh Kumar Pradhan, a Bihar District judge by a police sub-inspector. The court has issued notice to the State of Bihar and posted the case for further hearing after 4 weeks in Vishal Tiwari vs. Union of India. The case was filed on November 2, 2020. It was registered on November 4, 2020 with Writ Petition.(Criminal) No.345/ 2020. It was verified on November, 2020. Union of India, State of Bihar, Director General of Police, Bihar and Superintendent of Police, Aurangabad are the respondents. The Sub-Inspector in question too has been impleaded as a respondent after Court had ordered petitioner, advocate Vishal Tiwari to do so. Upon  hearing the petitioner the Court passed an order which reads: "Application for impleadment is allowed. Cause-title be amended accordingly. Issue notice to the respondents, including the newly added respondents, returnable in four weeks." 

Earlier, on November 26, the Bench of Justices Khanwilkar and Ajay Rastogi had ordered: "Permission to appear and argue in person is granted. As prayed, petitioner is permitted to amend the petition to implead the concerned party as party-respondent(s) and also to file additional documents."

The Office Report of the Supreme Court dated November 26, 2020 states that " It is submitted that the instant matter pertains to petitioner-in-person, who is an Advocate and member of Supreme Court Bar Association.  It was telephonically communicated to petitioner-in-person regarding the date of hearing of matter."

The writ was filed in the aftermath of attack on District Judge in Bihar's Aurangabad seeking appropriate directions against the errant police officials who were allegedly involved in assaulting the District Judge, Dr. Dinesh Kumar Pradhan.

"Strict action must be taken against those involved in such kind of acts. This is an attack not against a judge, but on the judiciary," Vishal Tiwari has sought direction from the Supreme Court to set up a two-member inquiry commission in the matter for collecting the facts and evidence and for recording the evidence. He has prayed inclusion of sitting High Court judges in the inquiry commission who shall submit the report within a month and to initiate criminal contempt proceedings and punishment under The Contempt of Courts Act, 1971, against the erring police officials. He is seeking appropriate directions for punishing the higher police officials (Director General of Police, Bihar, Superintendent of Police, Aurangabad) for their alleged inaction. The prime accused is a Sub Inspector named Pranav of the Town police station, Aurangabad who allegedly abused, threatened, assaulted and attacked Pradhan, when he was on his evening walk on October 21. The Sub Inspector accompanied by paramilitary personnel was a flag march that time. It has been found that Pranav had a grudge against the judicial officer, Pradhan, as he had taken action against him and a few other police officers for dereliction of duty a few months back when he was the Aurangabad chief judicial magistrate.

The unprecedented, unwarranted assault and intimidation took place on October 21, 2020. Bihar Judicial Services Association and Association for Judges, Gujarat has condemned the incident. The Bihar Judicial Services Association wrote a letter to Bihar DGP on October 24, 2020  seeking action against erring officers. .The case is likely to be heard again in the Supreme Court on January 15, 2021.