Gopal Chaudhary vs State Of Bihar

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends arrest in connection with Awtarnagar PS Case No. 141 of 2019 dated 11.08.2019 instituted under Sections 188, 272, 273, 308/34 of the Indian Penal Code and 30, 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner and four others is of dealing in illicit liquor.

Learned counsel for the petitioner submitted that from an open field, when the police raided the place, 20 litres of illicit liquor was recovered and four persons are alleged to have fled away and one co-accused was caught who has taken the name of the petitioner and three others to be those involved in such business due to which the petitioner has also been made accused. Learned counsel submitted that the petitioner has no criminal antecedent.

Learned APP submitted that the person caught has taken the name of the petitioner as an accomplice.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within four weeks from today, 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, 11th-cum-Special Judge Excise, Saran at Chapra in Awtarnagar P.S. Case No. 141 of 2019, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. 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 appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

The application stands disposed off.