High CourtsSingle Bench

Vikash Kumar @ Bhura @ Bharsu vs State Of Bihar

Patna High Court · Decided on 27 January 2021 · Citation: (2021) 01 PAT CK 0235

HON’BLE JUDGES
Ahsanuddin Amanullah, J
ACTS & SECTIONS REFERRED
Bihar Prohibition And Excise Act, 2016 — Section 30(a)
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous No. 33025 Of 2020
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Judgment

17 paragraphs · 356 words
1.

Heard Mr. Anuj Kumar, learned counsel for the petitioner and Ms. Anita Kumari, learned Additional Public Prosecutor (hereinafter referred to as

the ‘APP’) for the State.

2.

The petitioner is in custody in connection with Special Case No.4590 of 2020 arising out of Beur PS Case No.183 of 2020 dated 30.07.2020,

instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3.

The allegation against the petitioner is that from his Tempo 150 litres country made liquor was recovered.

4.

Learned counsel for the petitioner submitted that he has no connection either with the Tempo, as it did not belong to him, or with the recovered

liquor. Learned counsel submitted that the petitioner has no criminal antecedent and is in custody since 25.06.2020.

5.

Learned APP submitted that the petitioner was the person, who was driving the Tempo from which liquor was recovered.

6.

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, Patna, in Special Case No.4590 of 2020 arising out of Jakkanpur PS Case No.183 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.

7.

The application stands disposed off in the aforementioned terms.