Shiv Kumar Yadav 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. Subhash Kumar Jha, learned counsel for the petitioner and Mr. Anant Kumar 1, 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. 29 of 2020 dated 16.02.2020 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that 333 litres of Nepali liquor has been recovered from two motorcycles, one of which was being driven by him.

Learned counsel for the petitioner submitted that both the motorcycles did not belong to the petitioner and he has been falsely implicated just because his residence is near the place from where recovery has been shown. It was further submitted that the petitioner was arrested and the other person is alleged to have run away. Learned counsel submitted that though the recovery shown is of 333 litres of Nepali liquor, but it has not been stated as to what quantity was recovered from the motorcycle of the petitioner. Learned counsel submitted that the petitioner has no other criminal antecedent and is in custody since 16.02.2020.

Learned APP submitted that the petitioner was caught with Nepali 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 District and Sessions Judge, 2nd-cum-Special Judge, Excise Act, Madhubani in G.O. Case No. 29 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.