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2021 DIGILAW 415 (PAT)

Shyam Sundar Kumar @ Karu Singh v. State Of Bihar

2021-06-07

AHSANUDDIN AMANULLAH

body2021
JUDGMENT Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing. 2. The matter has been taken up after being specially notified under orders of Hon'ble the Chief Justice. 3. Heard Mr. Vikram Deo Singh, learned counsel for the petitioner and Mr. Tarun Prasad Mandal, learned APP for the State. 4. The petitioner is in custody in connection with Mufassil PS Case No. 88 of 2021 dated 11.02.2021, instituted under Sections 120-B of the Indian Penal Code and 30 (a) of the Bihar Prohibition and Excise Act, 2016. 5. The allegation against the petitioner is that from the house of the petitioner and his brother, 84.750 litres of foreign liquor was recovered. 6. Learned counsel for the petitioner submitted that the house is jointly owned by the family members and not exclusively by the petitioner. It was submitted that the petitioner has no criminal antecedent and is in custody since 12.02.2021. 7. Learned APP submitted that from the house of the petitioner there is recovery of liquor. 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 Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai, in Mufassil PS Case No. 88 of 2021, 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. 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. 10. The application stands disposed off in the aforementioned terms.