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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ahsanuddin Amanullah, J.
Ashok Mahto - Appellant
Versus
State of Bihar - Respondent
Criminal Miscellaneous No. 31843 of 2020
Decided On : 05-01-2021
Bail - Excise Case - The court granted bail to the petitioner in connection with an excise case under the Bihar Prohibition and Excise Act, 2016, considering the circumstances and submissions of the parties.
Fact of the Case:
The petitioner was in custody in connection with Excise Case No. 222 of 2020 dated 25.08.2020, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation was that 364.680 litres of liquor was recovered from the petitioner's hut.
Finding of the Court:
The court, after considering the facts and submissions of the parties, granted bail to the petitioner upon furnishing bail bonds and subject to certain conditions.
Issues: The main issue was the petitioner's custody in connection with the excise case and the consideration of bail.
Ratio Decidendi: The court considered the petitioner's custody, the nature of the recovery, and the submissions of the parties in granting bail.
Final Decision: The court granted bail to the petitioner upon furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, subject to specified conditions.
JUDGMENT
Ahsanuddin Amanullah, J. - Heard Mr. Bijay Bhushan Prasad, learned counsel for the petitioner and Mr. Madan 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. 222 of 2020 dated 25.08.2020, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. The allegation against the petitioner is that from his hut 364.680 litres of liquor was recovered.
4. Learned counsel for the petitioner submitted that he is in custody since 25.08.2020 having no criminal antecedent and the recovery is from the hut and not the dwelling house of the petitioner.
5. Learned APP submitted that the recovery is from the place which was owned by 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 Sessions Judge 2nd -cum-Special Judge, Excise, Samastipur in Excise Case No. 222 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.
7. The application stands disposed off in the aforementioned terms.
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