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Judgment
The matter has been heard via video conferencing.
Heard Mr. Santosh Kumar, learned counsel for the petitioner and Mr. Tapeshwar Sharma, learned Additional Public Prosecutor (hereinafter
referred to as the ‘APP’) for the State.
The petitioner is in custody in connection with Gaighat PS Case No. 70 of 2019 dated 14.03.2019, instituted under Section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
This is the second attempt for bail by the petitioner as earlier such prayer was rejected by order dated 19.12.2019 in Cr. Misc. No. 79690 of 2019.
The allegation against the petitioner is that he was manufacturing countrymade liquor and on search 5 litres countrymade liquor; gas cylinder with
stove; 21 packets of instant dry yeast weighting 5 kgs; weighing scale and 20 kgs. of gur(mitha) was recovered from his house.
Learned counsel for the petitioner submitted that it was not his house but rather a thatched hut and no family member of the petitioner has signed
the seizure list. Learned counsel submitted that the petitioner has no criminal antecedent and is in custody since 28.08.2019.
Learned APP submitted that the petitioner is manufacturing countrymade liquor.
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 Special
Judge, Excise Act, Muzaffarpur in Gaighat PS Case No. 70 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, 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.