Hare Ram Kumar And Others vs State Of Bihar

Ahsanuddin Amanullah, J

The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

Heard Mr. Manish Kumar, learned counsel for the petitioners and Ms. Shaheen Begum, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioners are in custody in connection with Special (Excise) Case No. 17 of 2020 arising out of Excise Department Case No. 07 of 2020 dated 07.01.2020 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioners is that from the Maruti Alto car in which they were travelling, 60 litres of countrymade liquor was recovered.

Learned counsel for the petitioners submitted that there is false implication as nothing was recovered from the car and they were returning after having food at a local dhaba and the police has falsely implicated them. Learned counsel submitted that petitioner no. 1 has one other case against him under Sections 363, 366A, 120B/34 of the Indian Penal Code but subsequently, he has married the girl and they are living together and in the said case, he is on anticipatory bail. It was submitted that petitioner no. 2 has no other criminal antecedent. Learned counsel submitted that the petitioners are in custody since 08.01.2020. It was further submitted that there is no independent witness to the seizure.

Learned APP submitted that from the car in which the petitioners were travelling, 60 litres of countrymade liquor was recovered.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let 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 Special Judge, Excise Act, Saharsa in Special (Excise) Case No. 17 of 2020 arising out of Excise Department Case No. 07 of 2020 subject to the conditions (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 criminal activity, 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.

The application stands disposed off in the aforementioned terms.