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Judgment
8 paragraphs · 352 wordsHeard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Azamnagar (Shalmari OP) PS Case No. 293 of 2019 dated 06.11.2019 instituted under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
The petitioner along with another person is accused of possessing illicit liquor.
Learned counsel for the petitioner submitted that from the bag he was carrying 18 liters countrymade illicit liquor, whereas in the dicky 1.8 liters of liquor and 2.55 litres of English wine from the bag of co-accused were recovered. Learned counsel submitted that he was a pillion rider taking a lift from the motorcycle of co-accused, who had asked him to hold the bag, which has been caught containing the illicit liquor. It was submitted that the petitioner has no criminal antecedent and is in custody since 06.11.2019.
Learned APP submitted that the petitioner was carrying a bag in which illicit liquor has been recovered and, thus, it was from his conscious possession.
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on 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 Judge II cum Special Judge, Katihar in Azamnagar PS (Shalmari OP) Case No. 293 of 2019.
One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. 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 appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.
The application stands disposed off.
