Research › Search › Judgment

Patna High Court · body

2020 DIGILAW 501 (PAT)

Amarjeet Bind @ Amarjit Vind v. State Of Bihar

2020-09-11

AHSANUDDIN AMANULLAH

body2020
JUDGMENT Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic. 2. Heard Mr. Bharat Lal, learned counsel for the petitioner and Mr. Pradeep Narain Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State. 3. The petitioner is in custody in connection with Excise Case No. 325 of 2019 arising out of Sheikhpura FIR No. 107 of 2019-20 dated 25.09.2019, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 4. This is the second attempt for bail by the petitioner as earlier such prayer was rejected on 26.11.2019 in Cr. Misc. No. 75293 of 2019. 5. As per the allegation, the petitioner and other coaccused were arrested with 15 litres of countrymade liquor, 200 litres of mixed solution besides other manufacturing articles. 6. Learned counsel for the petitioner submitted that the allegation against the petitioner in the complaint itself is that the other co-accused was the person who was involved in such business whereas the petitioner was only a labourer being paid Rs. 300/- per day. Learned counsel submitted that both the persons were taken into custody on 26.09.2019 and the main coaccused who was running the business has already been granted bail by a coordinate bench on 13.11.2019 in Cr. Misc. No. 69331 of 2019. Learned counsel submitted that the petitioner has no other criminal antecedent and now has spent almost one year in custody. 7. Learned APP submitted that the petitioner was caught at the spot on the same day. However, he could not controvert the fact that against the other co-accused it is alleged that he was the main person who was indulging in the business and the petitioner is said to be a labourer earning Rs. 300/- per day. 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. 300/- per day. 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. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 2 nd Additional Sessions Judge-cum-Special Judge (Excise), Sheikhpura in Excise Case No. 325 of 2019 (arising out of Sheikhpura F.I.R. No. 107 of 2019-20), 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 criminal activity, 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. The application stands disposed off in the aforementioned terms.