Raja Kumar vs State Of Bihar

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

Heard Mr. Abhishek Kumar, learned counsel for the petitioners and Mr. Ashok Kumar, learned Additional Public Prosecutor (hereinafter referred

to as the ‘APP’) for the State.

At the outset, learned counsel for the petitioners submitted that the application has been filed without affidavit, but later on, affidavit has been done

and, thus, undertakes that today itself the same shall be e filed before the Court.

The petitioners are in custody in connection with Dumariyaghat PS Case No.140 of 2020 dated 10.08.2020, instituted under Sections 272, 273/34 of

the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioners is that upon chase their Bolero vehicle was caught on 10.08.2020, from which 227.53 litres of foreign liquor

was seized, on which there were four persons, who, upon seeing the police tried to run away but two persons, the petitioners, were caught.

Learned counsel for the petitioners submitted that they have been falsely implicated as they were not arrested from the vehicle, rather, it is alleged

that they had started running and there was stampede as there were many persons and, thus, it was not the petitioners, who were the persons, who

had tried to run away from the vehicle, and they have wrongly been arrested. Learned counsel submitted that the petitioners have no criminal

antecedent and are in custody since 10.08.2020.

Learned APP submitted that the petitioners were running away from the Bolero vehicle and upon chase were caught and, thus, cannot plead

innocence as from the vehicle foreign liquor has been recovered, which is an offence in the State of Bihar.

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 7th

Additional Sessions Judge-cum-Special Judge, Excise Act, East Champaran, Motihari, in Dumariyaghat PS Case No.140 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

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.

The application stands disposed off in the aforementioned terms subject to the petitioners e filing the affidavit in the case today.