Ramesh Kumar vs State Of Bihar

The matter has been heard via video conferencing.

Heard Mr. Yogendra Kumar Singh, learned counsel for the petitioner and Mr. Ram Anurag Singh, learned Additional Public Prosecutor

(hereinafter referred to as the ‘APP’) for the State.

The petitioner apprehends arrest in connection with Excise Case No. 5 of 2020 (PR No. 07) dated 13.01.2020, instituted under Section 30(a) of the

Bihar Prohibition and Excise Act, 2016.

The petitioner has been made accused in the case as it is alleged that the police received secret information about him keeping illicit liquor in the

bamboo orchard of co-accused Raushan Kumar from where 361.20 litres of foreign liquor was recovered.

Learned counsel for the petitioner submitted that he is innocent and has clean antecedent. It was submitted that nothing has been recovered either

from the conscious possession of the petitioner or property owned by him and only on suspicion he has been made accused. It was further submitted

that co-accused Raushan Kumar, from whose orchard recovery was made, has been granted anticipatory bail by a coordinate bench on 05.03.2020 in

Cr. Misc. No. 11980 of 2020.

Learned APP submitted that the police had secret information that the petitioner was keeping liquor from the place where it has been recovered.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender

before the Court below within six weeks from today, 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 Excise Case No. 5 of

2020 (PR No. 07), subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further (i) that one of the bailors

shall be a close relative of the petitioner, (ii) the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii)

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.