Dayanand Poddar vs The State Of Bihar
2021 Latest Caselaw 689 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 37577 of 2020
    Arising Out of PS Case No.-57 Year-2019 Thana- HATHAURI District- Samastipur
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Dayanand Poddar, aged about 33 years, Gender-Male, Son of Baleshwar Poddar, Resident of Village- Kameshwar Nagar, Ward No. 08, PS- Hathauri (Shivajinagar OP), District- Samastipur.

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

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

For the Petitioner/s    :        Mr. Dilip Kumar Roy, Advocate
For the State           :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-02-2021

Heard Mr. Dilip Kumar Roy, learned counsel for the

petitioner and Mr. Md. Arif, learned In-charge Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Hathauri (Shivajinagar) PS Case No. 57 of 2019 dated 26.05.2019,

instituted under Section 30 (a) of the Bihar Prohibition and Excise

Act, 2016.

3. The allegation against the petitioner, though not

named in the FIR, is that from his mobile a call was made to the

accused from whom there is recovery of 4207 litres of foreign

liquor and beer.

Patna High Court CR. MISC. No.37577 of 2020 dt.05-02-2021

4. Learned counsel for the petitioner submitted that there

is no recovery from him and there is no direct link and only

because it is alleged that a call was made from his mobile, he has

been made accused and arrested. Learned counsel submitted that

there is another case against him but in that also he was not

directly involved. Learned counsel submitted that the petitioner is

in custody since 06.07.2020.

5. Learned APP submitted that in connection with the

recovery, it has been found that from the petitioner's mobile also a

call was made to the other accused.

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 Sessions

Judge IInd-cum-Special Judge (Excise), Samastipur in Hathauri

Shivajinagar PS Case No.57 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 Patna High Court CR. MISC. No.37577 of 2020 dt.05-02-2021

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.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T