Gobind Das @ Gobinda Das @ Gobinda Kundu @ Govina v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84902 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- BALRAMPUR District- Katihar ====================================================== GOBIND DAS @ GOBINDA DAS @ GOBINDA KUNDU @ GOVINA Son of Anin Chandra Kundu Resident of Village - Tunnidighi, P.S.- Altapur, Distt - Uttar Dinajpur (W.B.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Balrampur P.S. Case No. 40 of 2019 registered under Sections 30(a) of Bihar Prohibition & Excise Act, 2016. Learned counsel for the petitioner submits that this petitioner is said to be the resident of West Bengal where he is engaged in retail business of liquor. Learned counsel submits that petitioner has no knowledge of any sale of illicit liquor to the accused Chandan Goswami and has no concern with the vehicle on which the liquor has been recovered as also that the petitioner has no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.84902 of 2019(2) dt.08-01-2020 2/3 anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein this petitioner is said to be the resident of West Bengal where he is engaged in retail business of liquor said to have licence for the same and has submitted before this court that he has no knowledge of any sale of illicit liquor to the accused Chandan Goswami and that he has no concern with the vehicle on which the liquor has been recovered as also that the petitioner has no criminal antecedent, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J. - II - cum - Special Judge, Excise, Katihar, in connection with Balrampur P.S. Case No. 40 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any

Patna High Court CR. MISC. No.84902 of 2019(2) dt.08-01-2020 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T