Birbal Rajvanshi vs State Of Bihar

Heard Mr. Krishna Deo Raj, learned counsel for the petitioner and Mr. Shailendra Kumar No.2, learned Additional Public Prosecutor (hereinafter

referred to as the ‘APP’) for the State.

The petitioner is in custody in connection with Rajauli PS Case No. 321 of 2020 dated 16.07.2020, instituted under Sections 30 (a)/41 and 52 of the

Bihar Prohibition and Excise Act, 2016.

The petitioner was caught from the place where 60 litres of mahua liquor and 1,000 litres of fragmented mahua was seized by the police.

Learned counsel for the petitioner submitted that as per the FIR itself, recovery was from the distillery of one Dinesh Yadav and not the petitioner

and only because the petitioner was found near the place, he was arrested. Learned counsel submitted that he has no other criminal antecedent and is

in custody since 17.07.2020.

Learned APP submitted that the petitioner was caught from the place from where such recovery has been made.

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 Additional

District Judge-II cum Special Judge Excise, Nawada in Rajauli PS Case No.321 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.