Birbal Rajvanshi vs The State Of Bihar
2021 Latest Caselaw 684 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 37592 of 2020
      Arising Out of PS Case No.-321 Year-2020 Thana- RAJAULI District- Nawada
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Birbal Rajvanshi, aged about 22 years, Son of Gorelal Rajvanshi, Resident of Village - Parsa, PS- Sirdala, District- Nawada.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Deo Raj, Advocate For the State : Mr. Shailendra Kumar No. 2 APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-02-2021

Heard Mr. Krishna Deo Raj, learned counsel for the

petitioner and Mr. Shailendra Kumar No.2, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with Rajauli

PS Case No. 321 of 2020 dated 16.07.2020, instituted under

Sections 30 (a)/41 and 52 of the Bihar Prohibition and Excise Act,

2016.

3. The petitioner was caught from the place where 60

litres of mahua liquor and 1,000 litres of fragmented mahua was

seized by the police.

4. Learned counsel for the petitioner submitted that as

per the FIR itself, recovery was from the distillery of one Dinesh Patna High Court CR. MISC. No.37592 of 2020 dt.05-02-2021

Yadav and not the petitioner and only because the petitioner was

found near the place, he was arrested. Learned counsel submitted

that he has no other criminal antecedent and is in custody since

17.07.2020.

5. Learned APP submitted that the petitioner was caught

from the place from where such recovery has been made.

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 District

Judge-II cum Special Judge Excise, Nawada in Rajauli PS Case

No.321 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 Patna High Court CR. MISC. No.37592 of 2020 dt.05-02-2021

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.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T