Sajan Kumar Gupta vs State Of Bihar

Heard Ms. Leelawati Kumari, learned counsel for the petitioner and Mr. Ajit Kumar, learned Additional Public Prosecutor (hereinafter referred to

as the ‘APP’) for the State.

The petitioner is in custody in connection with Excise Case No. 596 of 2020 dated 17.07.2020, instituted under Section 30(a) of the Bihar Prohibition

and Excise Act, 2016.

The allegation against the petitioner is that from the Indica car which he was driving, 180 litres of liquor was recovered.

Learned counsel for the petitioner submitted that he has been falsely implicated and has no connection with either the seized liquor or the car. It

was submitted that the petitioner does not have any criminal antecedent and is in custody since 17.07.2020.

Learned APP submitted that from the vehicle driven by the petitioner, there is recovery of 180 litres of liquor.

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, VII-cum-Special Judge (Excise), Aurangabad (Bihar) in Excise Case No. 596 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.

However, this order is subject to the main application supported by affidavit being e filed in this Court by learned counsel for the petitioner latest by

day after tomorrow.

The application stands disposed off in the aforementioned terms.