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Patna High CourtCR. MISC./83111/2019bail granted

Bipin Kumar Das v. The State Of Bihar

2019-12-18Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83111 of 2019 Arising Out of PS. Case No.-159 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== Bipin Kumar Das, aged 35 years (Male) Son of Somar Das Resident of Village - Das Tola Near- Hari Mandir, Bandhgora Singh, P.S.- Pindrajora, District - Bokaro, (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Advocate For the State :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Tr. No. 1620 of 2019, arising out of Excise Case No. 159 of 2018 dated 15.02.2018 instituted under Sections 30(a), 56(D) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that from his car 120 litres of illicit liquor was recovered.

4. Learned counsel for the petitioner submitted that he was not caught at the spot and the driver was driving the car and the liquor was kept without his knowledge and consent. It was further submitted that he has no criminal antecedent and is in custody since 05.11.2019.

5. Learned APP submitted that from the car is owned by the petitioner and recovery of liquor has been made.

Patna High Court CR. MISC. No.83111 of 2019 dt.20-12-2019 2/2

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 ADJ II, Jehanabad, in Tr. No. 1620 of 2019, arising out of Excise Case No. 159 of 2018, subject to the condition that one bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. 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.

(Ahsanuddin Amanullah, J) Ranjeet/Rahul AFR/NAFR U T