Gautam Kumar vs State Of Bihar

Heard Mr. Siddharth Harsh, learned counsel for the petitioner and Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to as

the ‘APP’) for the State.

The petitioner is in custody in connection with Nasriganj PS Case No.89 of 2020 dated 07.06.2020 instituted under Section 30(a) of the Bihar

Prohibition and Excise Act, 2016.

The allegation against the petitioner is that from the Tata Indigo car bearing Delhi registration on which three persons were sitting, when the police

asked them to stop, they tried to run away leaving behind the vehicle and only the petitioner was arrested and on search 240.6 litres of Indian made

foreign liquor was recovered from the dicky and the seat.

Learned counsel for the petitioner submitted that he has been falsely implicated in the case. It was submitted that the petitioner while returning

home had taken lift in the car not knowing what was there and has wrongly been charged. Learned counsel submitted that the petitioner has no

criminal antecedent and is in custody since 08.06.2020.

Learned APP submitted that the petitioner was one of the persons, who were travelling in the car from which liquor was seized and had tried to run

away, but was caught by the police from the spot.

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 2nd Additional

District and Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram, in Nasriganj PS Case No.89 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.