Patna High CourtCR. MISC./31849/2020bail granted

Munchun Raut v. The State Of Bihar

2021-01-06Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31849 of 2020 Arising Out of PS Case No.-339 Year-2019 Thana- PAKARIDAYAL District- East Champaran ====================================================== Munchun Raut, aged about 36 years, Male Son of Shiv Raut Resident of Village- Harnathpur, P.S.- Pakaridayal, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Pandey, Advocate For the State :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 06-01-2021 Heard Mr. Pramod Kumar Pandey, learned counsel for the petitioner and Mr. Md. Anzarul Haque Sahara, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Pakaridayal PS Case No. 339 of 2019 dated 27.10.2019, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner and another person is that he was involved in illegal trade of liquor and on raid being conducted by the police 50.700 litres of wine was recovered from his house.

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4. Learned counsel for the petitioner submitted that he has no criminal antecedent and the recovery was from the thatched house for cattle without any door and the seized liquor was planted by some other person. It was further submitted that the petitioner is in custody since 28.08.2020.

5. Learned APP submitted that the hut also belongs to the petitioner.

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 learned Additional Session Judge-7 cum Special Judge under Excise Act, East Champaran at Motihari in Pakaridayal PS Case No. 339 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

Patna High Court CR. MISC. No.31849 of 2020 dt.06-01-2021 3/3 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.

8. However, the main application supported by affidavit shall be e filed in this Court by learned counsel for the petitioner latest by day after tomorrow.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T