Patna High Court
Munchun Raut vs The State Of Bihar on 6 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 31849 of 2020
Arising Out of PS Case No.-339 Year-2019 Thana- PAKARIDAYAL District- East
Champaran
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Munchun Raut, aged about 36 years, Male Son of Shiv Raut Resident of
Village- Harnathpur, P.S.- Pakaridayal, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Pramod Kumar Pandey, Advocate
For the State : Mr. Md. Anzarul Haque Sahara, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 06-01-2021
Heard Mr. Pramod Kumar Pandey, learned counsel for
the petitioner and Mr. Md. Anzarul Haque Sahara, learned
Additional Public Prosecutor (hereinafter referred to as the 'APP')
for the State.
2. The petitioner is in custody in connection with
Pakaridayal PS Case No. 339 of 2019 dated 27.10.2019, instituted
under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. The allegation against the petitioner and another
person is that he was involved in illegal trade of liquor and on raid
being conducted by the police 50.700 litres of wine was recovered
from his house.
Patna High Court CR. MISC. No.31849 of 2020 dt.06-01-2021
4. Learned counsel for the petitioner submitted that he
has no criminal antecedent and the recovery was from the thatched
house for cattle without any door and the seized liquor was planted
by some other person. It was further submitted that the petitioner is
in custody since 28.08.2020.
5. Learned APP submitted that the hut also belongs 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 Additional Session
Judge-7 cum Special Judge under Excise Act, East Champaran at
Motihari in Pakaridayal PS Case No. 339 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 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
Patna High Court CR. MISC. No.31849 of 2020 dt.06-01-2021
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.
8. However, the main application supported by affidavit
shall be e filed in this Court by learned counsel for the petitioner
latest by day after tomorrow.
(Ahsanuddin Amanullah, J.)
Anand Kr.
AFR/NAFR
U
T
