IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22850 of 2021

Arising Out of PS. Case No.-92 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.

District- Banka

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Satyandra Kumar, S/o Sri Mahabir Mahto Resident of Village - Bademakka,

P.S. - Ichak, Distt. - Hajaribag.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Kumar Kamal Nayan, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

2

22-11-2021

Heard learned counsel for the petitioner as well as

learned APP for the State.

Let the defect(s) be removed within two weeks of the

complete start of the physical Court in normal course.

The petitioner seeks bail in connection with Excise

Complaint Case No.92 of 2020 registered under Section 30(a) of

Bihar Prohibition & Excise Act, 2016 as amended up-to-date.

Prosecution case in short is that, informant who is

police official while he was engaged in checking of vehicle a

bolero was intercepted bearing registration no.JH02AY 9872,

two persons including the petitioner was arrested and 441 liters

of illicit foreign liquor was recovered from the vehicle.

Learned counsel appearing on behalf of the petitioner

submits that he has falsely been implicated in this case. The

Patna High Court CR. MISC. No.22850 of 2021(2) dt.22-11-2021

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above vehicle is not registered in his name. He is only driver of

the vehicle and he was not aware that altogether 441 liters of

illicit foreign liquor was loaded on the said pick up van. He was

only required to deliver the same to the respective destination

for which the vehicle was put. Learned counsel for the petitioner

further submits that petitioner has clean antecedent and is in

custody since 06.11.2020 and as such deserves to be released on

bail.

Learned counsel appearing on behalf of the State

submits that huge quantity of illicit foreign made liquor has

been made from the vehicle and the petitioner was present at the

time of the said recovery and as such the petitioner is not

required to be released on bail, taking into consideration that

recently several cases of tragedy has been reported and as such

it cannot be said that the said seized liquor is not spurious one

and people at large after consumption will die and as such

petitioner do not deserves to be released on bail.

Having considered the facts and circumstances of the

case, submission made by the learned counsel for the petitioner,

let petitioner be released on bail subject to the condition that he

furnish a Bank Draft of Rupees Two Lacs in favour of Bihar

State Legal Services Authority, Patna. If he fulfill such

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condition, let the petitioner be released on bail on furnishing

bail bond of Rs.25,000/-(Twenty Five Thousand) with two

sureties of the like amount each to the satisfaction of learned

Additional District & Sessions Judge,IInd, Banka in connection

with Excise Complaint Case No.92 of 2020, subject to the

following condition:-

(1) If the petitioner is in future or during the trial of

this case he has not involved in any such similar illegal trade of

liquor then the said amount after considering the content of the

petitioner be released by the court below after considering all

the facts and antecedent of the petitioner.

(2) One of the bailors of the petitioner shall be his

close relative. Bailors should be local having sufficient

immovable property within the jurisdiction of the court

concerned.

(3) If the petitioner shall not indulge in any similar

offence till conclusion of the trial. If the petitioner is found

involved in similar nature of offences, after his release on bail,

the trial court shall take steps to cancel his bail bo