Babu Lal Besra @ Bijay vs State Of Bihar

Nobody appears on behalf of the petitioner. Mr. Syed Ehteshamuddin, learned Additional Public Prosecutor (hereinafter referred to as the

‘APP’) for the State has been heard.

The petitioner is in custody in connection with Bariyarpur PS Case No. 80 of 2020 dated 03.09.2020, instituted under Sections 30 (a)/32 of the Bihar

Prohibition and Excise Act, 2016 and 2 (C) 3/5 (b) of the Bihar Excise (Mahua Flowers), Rules, 2006.

The allegation against the petitioner is that when police intercepted three motorcycle and one improvised vehicle, various quantities and brands of

liquor were recovered and it is alleged that 20 litres of countrymade liquor and two sacks of Mahua flower belonged to the petitioner who was also

arrested.

From the pleadings, it appears that the petitioner was on the motorcycle and the items were recovered from the improvised vehicle and further that

the petitioner having no criminal antecedent is in custody since 03.09.2020.

Learned APP submitted that 20 litres of country made liquor and two sacks of Mahua flower belonging to him were also seized from the

improvised vehicle.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail

upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-3rd

Cum Special Judge (Excise Act) Munger in Bariarpur PS Case No. 80 of 2020, subject to the conditions (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the

petitioner shall also give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses. 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 being absent 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.