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Judgment
In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.
Heard learned Counsel for the appellants and the learned APP for the State.
Learned counsel for the appellants is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.
Appellants have been convicted under Section 30(a) of Bihar Excise & Prohibition Act, 2018 in connection with Akorhigola Police Station (for brevity, PS) Case No. 269 of 2018, and sentenced to undergo five years imprisonment and to pay a fine of Rs. 1,00,000/- each, and in default of payment of fine, appellants shall undergo simple imprisonment for six months, prays for suspension of sentence and grant of bail, during pendency of the appeal.
It is alleged that there is recovery of 16 litres of illicit alcohol from the tool compartment of the motorcycle, on which the appellants were moving. On proof of such charge and conviction, appellants are in custody since 11.01.2021.
Learned counsel for the appellants submits that sufficient material has come at the trial regarding motive of the appellants' false implication as appellant no. 1 was staking to inherit the post of Chaukidar. It is further submitted that recovery at the trial has been upheld against the appellants without compliance being shown under Section 100 Cr.P.C. There was no independent witness to the seizure. Recovery has been made from a motorcycle. Ownership of the motorcycle has been traced to some third person and did not belong to either of the appellants.
Learned APP has opposed the prayer for bail. He submits that the instant appellants have been served copies of the seizure-list. Recovery of illicit liquor is supported by all the members of the seizing party.
Considering the rival submissions, prayer for suspension of sentence and grant of bail to appellants is allowed. Let the sentence of appellants, above named, be suspended and they be released on bail on their furnishing bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ II-cum-Spl. Judge Excise Act, Rohtas at Sasaram, in connection with Akorhigola P.S. Case No. 269 of 2018, subject to the following condition:
(i) That one of the bailors will be a close relative of the appellants who will give an affidavit giving genealogy as to how he is related with the appellants. The bailors will also undertake to inform the Court if there is any change in the address of the appellants.