Vikash Kumar vs State Of Bihar

Heard Ms. Bela Singh, learned counsel for the petitioner and Mr. Anant Kumar, learned Additional Public Prosecutor (hereinafter referred to as

the ‘APP’) for the State.

The petitioner is in custody in connection with Motipur PS Case No. 497 of 2019 dated 09.12.2019, G.R. No. 2417 of 2019, instituted under Sections

30(a)/41(1)(2) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the ‘Act’).

The allegation against the petitioner is that he along with father and brother was doing business in liquor and in this connection, the police recovered

102.120 litres of foreign liquor of different brands from a Bolero vehicle in front of his house.

Learned counsel for the petitioner submitted that the recovery is not from the conscious possession or the house of the petitioner and rather from

the vehicle parked outside the house. It was submitted that his father Lakhindra Rai and brother Vikky Kumar have been granted bail by co-ordinate

benches in Cr. Misc. No. 30915 of 2020 on 25.11.2020 and in Cr. Misc. No. 3015 of 2020 on 18.01.2020 respectively. Learned counsel submitted that

the petitioner is in custody since 15.06.2020. It was submitted that though there is one other case against the petitioner, but not under the Act.

Learned APP submitted that the petitioner along with his father and brother are trading in liquor which was also recovered from the Bolero vehicle

outside his house.

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 Special Judge,

Excise Act, Muzaffarpur in Motipur PS case No. 497 of 2019, G.R. No. 2417 of 2019, 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.