Vijay Kumar @ Vijo Kumar And Anr vs State Of Bihar

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Naokothi PS Case No.108 of 2019 dated 30.09.2019 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioners is that from the motorcycle on which they were travelling 70 liters countrymade wine was recovered along with mobile and Rs.1200/- cash.

Learned counsel for the petitioners submitted that they have been falsely implicated by the police as they did not satisfy their illegal demand. It was submitted that they are in custody since 01.10.2019 and have no criminal antecedent.

Learned APP submitted that recovery has been made from the motorcycle on which the petitioners were moving with 70 litres wine.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bond of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge cum Special Judge, Excise Act, Begusarai, in Naokothi PS Case No.108 of 2019, subject to the conditions (i) that one of the bailors shall be a close relative of the petitioners (ii) that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners. The petitioners shall also give an undertaking to the Court that they 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 their bail bonds. The petitioners 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 their bail bonds.

The application stands disposed off.