Umesh Rai vs State Of Bihar

Heard Mr. Pushpendra Kumar Singh, learned counsel for the petitioner and Mr. Md. Arif, learned Incharge Additional Public Prosecutor

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

The petitioner is in custody in connection with Complaint Case No. C-2/260 of 2020 dated 06.07.2020 under Section 30(a) of the Bihar Prohibition

and Excise Act, 2016.

The allegation against the petitioner and another co-accused is that from his semi-built house, 298.980 litres of illegal English wine was recovered.

Learned counsel for the petitioner submitted that he has been falsely implicated as somebody else had kept the wine in his semi constructed home

of which he was not aware. It was further submitted that the petitioner having no criminal antecedent is in custody since 06.07.2020.

Learned APP submitted that the recovery has been from the house belonging to the petitioner.

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 A.D.J.

IInd -cum-Special judge, Excise Act, Sitamarhi in Complaint Case No. C-2/260 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.