Saroj Bhagat vs State Of Bihar

Heard Mr. Uday Chand Prasad, learned counsel for the petitioner and Mr. Uma Nath Mishra, learned Additional Public Prosecutor (hereinafter

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

The matter was taken up out of turn when the Court was to rise and on prayer made by learned counsel for the petitioner that he is not well and

has come to Court today and, thus, the matter be taken up so that he is not required to come on another day.

The Court acceding to such request has taken the matter even after the Court was to rise.

The petitioner is in custody in connection with Madhepura PS Case No. 513 of 2020 dated 05.07.2020, arising out of Excise Act Case No.435 of

2020, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that when the police caught a truck in an orchard, they found 601.14 litres of different brands of foreign liquor

which was seized and on spot query, the locals disclosed the names of three persons as supplier, including the petitioner.

Learned counsel for the petitioner submitted that there is no recovery from him and he was also not caught at the spot. It was further submitted that

he has no connection with the recovery as neither the orchard nor the truck belongs to the petitioner. It was submitted that the petitioner having no

criminal antecedent is in custody since 17.08.2020.

Learned APP submitted that the locals have disclosed the name of the petitioner and two others, as suppliers 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 Special

Judge, Excise Act, Madhepura in Madhepura PS Case No. 513 of 2020 arising out of Excise Act Case No.435 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.