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SURYA KANT, DIPANKAR DATTA, UJJAL BHUYAN
Vikash Kumar Gupta – Appellant
Versus
State of Bihar – Respondent
ORDER
The petitioner is named as one of the accused in FIR No.180/2024 lodged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. The allegations are that around 231.6 liters of country-made and foreign liquor was recovered from three motorcycles. The petitioner was driving one of them. The petitioner was arrested on 14.6.2024. The petitioner applied for bail, which was declined by the Trial Court. He then approached the High Court and vide impugned order dated 25.7.2024, the High Court though has directed him to be released on bail subject to furnishing bail bonds etc., but a further condition has been imposed to the effect that “the petitioner shall furnish his bail bonds after completion of six months in custody from today”.
2. Heard learned counsel for the parties.
3. We see no valid reason for the High Court to impose the condition as contained in paragraph 7 of the impugned order whereby the bail bonds will have to be furnished by the petitioner after completion of six months in custody from the date of the High Court order.
4. Consequently, the instant petition is allowed and paragraph 7 of the High Court order is set aside. The Trial Court is directed to rele
The court established that bail might be granted where there is insufficient evidence connecting the accused to the alleged crime, balancing personal liberty and investigatory needs.
The court has the discretion to grant bail based on the circumstances and submissions of the parties in excise cases.
The court granted bail under specific conditions considering the petitioner's right to liberty against the allegations under the Bihar Prohibition and Excise Act.
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