Suraj Kumar Sah vs The State Of Bihar
2021 Latest Caselaw 3739 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No. 9768 of 2021
        Arising Out of PS. Case No.-72 Year-2020 Thana- DAUDPUR District- Saran
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Suraj Kumar Sah, aged about 20 years, Gender-Male, Son of Ramlal Sah, Resident of Village - Inayatpur , PS- Daudpur, District - Saran at Chapra.

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

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

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the State : Ms. Indu Kumari Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Dewendra Narayan Singh, learned counsel

for the petitioner and Ms. Indu Kumari Shrivastava, learned

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

for the State.

3. The petitioner is in custody in connection with

Daudpur PS Case No. 72 of 2020 dated 02.04.2020, instituted

under Sections 272, 273, 290, 506/34 of the Indian Penal Code

and 30(a), 37(b)(c) of the Bihar Prohibition and Excise Act, 2016

(hereinafter referred to as the 'Act').

Patna High Court CR. MISC. No.9768 of 2021 dt.28-07-2021

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by judgment and order dated

02.07.2020 passed in Cr. Misc. No. 19872 of 2020.

5. The allegation against the petitioner is that he was

selling liquor and two other co-accused were in a drunken state

and were creating ruckus and from the spot, 200 litres of

countrymade liquor was found in a carton.

6. Learned counsel for the petitioner submitted that he

was present at the spot but the recovered countrymade liquor did

not belong to him and he has no connection with it. Further, it was

submitted that he is in custody since 03.04.2020. Learned counsel

submitted that there are three other cases against the petitioner in

which he is on bail but the same are not under the Act and, thus,

this is the first case against him under the Act. It was further

submitted that the Court may impose strict conditions and the

petitioner undertakes not to indulge in such activity.

7. Learned APP submitted that the petitioner cannot

plead innocence as from his possession 200 litres of countrymade

liquor in a carton was recovered and he was selling the same.

8. 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.

Patna High Court CR. MISC. No.9768 of 2021 dt.28-07-2021

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned 2nd Additional

Sessions Judge-cum-Special Judge, Excise, Saran at Chapra in

Daudpur PS Case No. 72 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

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

to cancellation of his bail bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

Patna High Court CR. MISC. No.9768 of 2021 dt.28-07-2021

10. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T