Satyendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37617 of 2020 Arising Out of PS. Case No.-415 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== Satyendra Rai, aged about 19 years, Gender-Male, Son Of Ramnaresh Rai Alias Mochchhu Rai Alias Ramnaresh Yadav Resident Of Village Chainpur Chiutahan P.S. Paroo District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan, Advocate For the State :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-02-2021 Heard Mr. Indrajeet Bhushan, learned counsel for the petitioner and Mr. Upendra Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Paroo PS Case No. 415 of 2020 dated 21.07.2020, instituted under Sections 30/30(a)(c)/36 of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that from his house, upon search, 30 litres country-made liquor was recovered.

4. Learned counsel for the petitioner submitted that the recovery was not from his conscious possession, he has no

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5. Learned APP submitted that recovery of liquor is from the house of 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 Special Judge, Excise, Muzaffarpur in Paroo PS Case No. 415 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.

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7. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T