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Babulal Mukhiya vs State Of Bihar

Patna High Court · Decided on 9 December 2019 · Citation: (2019) 12 PAT CK 0086

HON’BLE JUDGES
Ahsanuddin Amanullah, J
ACTS & SECTIONS REFERRED
Bihar Prohibition And Excise Act, 2016 — Section 30(a)
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous No. 77338 Of 2019
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Judgment

6 paragraphs · 360 words
1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chhauradano (Mahuawa) PS Case No.314 of 2019 dated 05.09.2019 instituted under Section 30(a) of the Bihar Excise and Prohibition Act, 2016.

3.

The allegation against the petitioner is that he along with two others was bringing illicit liquor into Indian territory from Nepal. It is further alleged that from two jute sacks 210 bottles of 300 ml each of Nepali liquor totalling 63 litres has been recovered.

4.

Learned counsel for the petitioner submitted that the recovery is not from the conscious possession of the petitioner and the allegation is that after chase he was caught and two others fled away. It was submitted that the signature of the petitioner on the seizure list has forcibly been taken on the blank paper. Learned counsel submitted that the petitioner has no criminal antecedent and is in custody since 06.09.2019.

5.

Learned APP submitted that the petitioner was illegally smuggling liquor from Nepal and has been caught at the spot while trying to run away.

6.

Considering 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 bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, East Champaran, Motihari, in Chhauradano (Mahuawa) PS Case No.314 of 2019, 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. 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 being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.