Sadhu Sharan Sah vs State Of Bihar

Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner and Mr. Upendra Kumar, learned Additional Public Prosecutor (hereinafter

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

The petitioner is in custody in connection with GO Case No. 77 of 2020 dated 06.08.2020, instituted under Section 30(a) of the Bihar Prohibition and

Excise Act, 2016.

The allegation against the petitioner is that from the tempo owned by him on which he and another person were travelling, 432 litres of liquor was

recovered.

Learned counsel for the petitioner submitted that he was the owner of the tempo and was not aware of what the driver had kept and has been

falsely implicated in the case. It was submitted that the petitioner has no criminal antecedent and is in custody since 06.08.2020.

Learned APP submitted that the petitioner being the owner of the tempo cannot be said to be innocence.

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 Additional

Sessions Judge II-cum-Special Judge, Excise Act, Sitamarhi in G.O. Case No. 77 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 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.