Bijendra Rai And Anr vs State Of Bihar

The matter has been heard via video conferencing.

Heard Mr. Anil Kumar, learned counsel for the petitioners and Mr. Bishweshwar Ram, learned Additional Public Prosecutor (hereinafter referred

to as the ‘APP’) for the State.

The petitioners apprehend arrest in connection with Raghopur (Rustampur OP) PS Case No. 69 of 2020 dated 17.05.2020, instituted under Sections

414/34 of the Indian Penal Code and 30(a)(d)/41 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the ‘Act’).

The allegation against the petitioners and twenty other named persons is that they were involved in manufacturing of countrymade liquor and

supplying the same through stolen motorcycles.

Learned counsel for the petitioners submitted that only on suspicion and confidential information about the involvement of the petitioners as also

twenty others, raid was conducted and some people ran away and recovery of sixty litres of countrymade chulhai liquor has been shown. It was

submitted that the petitioners have clean antecedent and further, that neither the place of recovery, which is the banks of river Ganges nor the

motorcycles belong to them. Thus, learned counsel submitted that since there is no connection either with the place of recovery or the liquor seized

with the petitioners, bar of Section 76(2) of the Act would not be applicable.

Learned APP submitted that the police had prior information that the petitioners were also in the business of illicit liquor and on raid, 60 litres of the

same has been recovered.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender

before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five

thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise,

Vaishali at Hajipur, in Raghopur (Rustampur OP) PS Case No. 69 of 2020, subject to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973 and further (i) that one of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall

execute bond with regard to good behaviour of the petitioners, and (iii) that the petitioners shall also give an undertaking to the Court that they 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 their bail bonds. The petitioners 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 their bail bonds.

It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners, to the notice of the Court

concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioners.

The application stands disposed off in the aforementioned terms.