Bablu Kumar vs State Of Bihar

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Shastrinagar PS Case No. 871 of 2019 dated 11.11.2019 instituted under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

As per the allegation there is recovery of 26.655 litres of illicit liquor from the house of the petitioner.

Learned counsel for the petitioner submitted that the house is a joint establishment not solely belonging to the petitioner and there are other residents also. It was further submitted that from the conscious possession of the petitioner such recovery has not been made and he is in custody since, 12.11.2019.

Learned APP submitted that there has been recovery of illicit liquor from the house of the petitioner.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna, District- Patna in Shastrinagar PS Case No. 871 of 2019.

One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.