Sajan Kumar Gupta vs The State Of Bihar
2021 Latest Caselaw 27 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32216 of 2020
    Arising Out of Case No.-596 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
                                  District- Aurangabad
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Sajan Kumar Gupta (male), aged about 32 years, Son of Late Suresh Prasad, Resident of Village/Mohalla- New Area Kadam Gachh, Dehri-On-Son, P.S.- Dehri, District- Rohtas (Bihar).

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

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

For the Petitioner/s   :       Ms. Leelawati Kumari, Advocate
For the State          :       Mr. Ajit Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-01-2021

Heard Ms. Leelawati Kumari, learned counsel for the

petitioner and Mr. Ajit Kumar, learned Additional Public

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

2. The petitioner is in custody in connection with Excise

Case No. 596 of 2020 dated 17.07.2020, instituted under Section

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

3. The allegation against the petitioner is that from the

Indica car which he was driving, 180 litres of liquor was

recovered.

4. Learned counsel for the petitioner submitted that he

has been falsely implicated and has no connection with either the

seized liquor or the car. It was submitted that the petitioner does Patna High Court CR. MISC. No.32216 of 2020 dt.05-01-2021

not have any criminal antecedent and is in custody since

17.07.2020.

5. Learned APP submitted that from the vehicle driven

by the petitioner, there is recovery of 180 litres of liquor.

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, VII-cum-Special Judge (Excise), Aurangabad (Bihar) in

Excise Case No. 596 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.32216 of 2020 dt.05-01-2021

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

7. However, this order is subject to the main application

supported by affidavit being e filed in this Court by learned

counsel for the petitioner latest by day after tomorrow.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T