Ram Pukar Mahto 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. Alok Kumar Alok, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioner is in custody in connection with G.O. Case No. 25 of 2020 dated 05.02.2020 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that he was smuggling 287.400 litres of Nepali soufi wine on a cycle when he was caught.

Learned counsel for the petitioner submitted that as per the seizure list two cycles have been shown but only the petitioner has been caught. It was submitted that the authorities have not disclosed as to how much liquor was on which cycle and further as to whether the liquor was seized from the person/cycle of the petitioner. It was submitted that the petitioner has no connection with the liquor which may have been seized by the authority, but the same was not from his conscious possession. It was further submitted that the petitioner has no other criminal antecedent and is in custody since 05.02.2020.

Learned APP submitted that the petitioner was smuggling Nepali wine and 287.400 litres of Nepali soufi wine has been recovered from his possession.

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 ADJ II-cum-Special Judge, Excise Act, Sitamarhi in G.O. Case No. 25 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 criminal activity. 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.