Umesh Rai vs The State Of Bihar
2021 Latest Caselaw 147 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.31824 of 2020
  Arising Out of PS. Case No.-260 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
                                   District- Sitamarhi
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Umesh Rai (Male) Aged 50 years, Son of Manjhi Rai, Resident of Village - Balua, Ward No. 03, Police Station - Dumra, District - Sitamarhi.

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

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

For the Petitioner/s   :      Mr. Pushpendra Kumar Singh, Advocate
For the State          :      Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15-01-2021

Heard Mr. Pushpendra Kumar Singh, learned counsel for

the petitioner and Mr. Md. Arif, learned Incharge Additional Public

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

2. The petitioner is in custody in connection with

Complaint Case No. C-2/260 of 2020 dated 06.07.2020 under

Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner and another co-

accused is that from his semi-built house, 298.980 litres of illegal

English wine was recovered.

4. Learned counsel for the petitioner submitted that he

has been falsely implicated as somebody else had kept the wine in

his semi constructed home of which he was not aware. It was Patna High Court CR. MISC. No.31824 of 2020 dt.15-01-2021

further submitted that the petitioner having no criminal antecedent

is in custody since 06.07.2020.

5. Learned APP submitted that the recovery has been

from the house belonging to 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 A.D.J. II nd -cum-

Special judge, Excise Act, Sitamarhi in Complaint Case No. C-

2/260 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 Patna High Court CR. MISC. No.31824 of 2020 dt.15-01-2021

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)

Anjani/-

AFR/NAFR U T