Chandradeep Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25458 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Chandradeep Bind S/o Late Chaturi Bind R/o Village- Sabarabad Shabradad, PS- Chenari, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashwani Kumar Tiwary, Advocate For the State :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Excise Case No. 152 of 2025, F.I.R. No. 75 of 2025 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 08.03.2025 by the informant, Upma Kumari.
3. As per the prosecution story, the informant alleged that upon secret information, a place was raided and there is recovery/seizure of 42 liters foreign liquor. The second raid takes place behind the house of this petitioner and there is another recovery of 107.805 liters country made liquor. This led to the F.I.R.
4. Learned counsel for the petitioner submits that he is related to the second part i.e. the recovery of 107.805 liters
2/4 country made liquor, the actual recovery is from behind the house and not from his conscious possession, the petitioner has criminal antecedent and that is the reason of his implication repeatedly by the Police and if granted relief, he shall be diligently appearing in trial. Last submission is that without accepting the allegation or outcome of the petition the petitioner intends to pay Rs.15,000/- by Demand Draft issued by the local branch of the State Bank of India to the District Legal Services Authority, Rohtas at Sasaram for the purchase of journals (SCC, BLJ, PLJR, Bare Acts etc).
5. Learned APP opposes the prayer for bail submitting that the petitioner has criminal antecedent.
6. Considering the submission put forward by the parties as also the recovery/seizure is from behind the house of the petitioner, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.15,000/- by Demand Draft issued by the local branch of State Bank of India to the District Legal Services Authority, Rohtas at Sasaram for the purchase of journals (SCC, BLJ, PLJR, Bare Acts etc.) and the receipt has to be submitted before the Trial Court.
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7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court-I, Rohtas at Sasaram, in connection with Excise Case No. 152 of 2025, F.I.R. No. 75 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
4/4 cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.
8. Let a copy of the order be sent to the learned Principal District & Sessions Judge Rohtas at Sasaram for perusal and needful.
(Rajiv Roy, J) vinayak/- U T