Raju Kumar And Anr vs State Of Bihar

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Benipatti PS Case No.284 of 2019 dated 03.10.2019 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioners is that 67 bottles containing 20 liters of Nepali liqour was recovered from the bag being carried on the motorcycle by the petitioner no. 2.

Learned counsel for the petitioners submitted that they are innocent and the police have falsely implicated them due to non-satisfying of the illegal demand. It was submitted that they have no criminal antecedent and are in custody since 03.10.2019.

Learned APP submitted that 20 lites of illicit liquor was recovered from the conscious possession of the petitioners.

Considering 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 bond of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II cum Special Judge, Excise Act, Madhubani, in Benipatti PS Case No.284 of 2019, subject to the conditions (i) that one of the bailors shall be close relative of the petitioners (ii) that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners. The petitioners shall also give an undertaking to the Court that they shall not indulge in any criminal activity. 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.