ANTICIPATORY BAIL 01 of 2024 on 31 December 2023

ORAL ORDER

Heard the parties.

2. The petitioner is apprehending arrest in connection with Special Case No. 01 of 2024 arising out of KishanganjExcise Case No. 1786 of 2023 instituted under Section 30(a),32(3) of the Bihar Prohibition and Excise Act lodged on31.12.2023 by the informant, Satish Kumar.

3. As per the prosecution story, the Police duringvehicle checking, intercepted a motorcycle and upon search, 650ml beer recovered/seized. Badal Kumar and Dipesh Kumarwere arrested. This led to the FIR.

4. Learned counsel for the petitioner submits thatearlier, he owned the motorcycle which was later sold toKrishna Verman, has no criminal antecedent and no role to play in the present case.

5. Learned APP opposes the prayer submitting thatthe motorcycle was registered in the name of the petitioner.

6. Taking into account the submissions of the partiesas also that two persons already stand arrested with the beer,FIR is there, the petitioner has undertaken to diligentlyappearing in trial, in that background, this Court is inclined toextend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the eventof his arrest or surrender before the subordinate court within aperiod of four weeks from the receipt of this order, on furnishingbail bond of Rs. 10,000/- (Ten Thousand) with two sureties ofthe like amount each in connection with Special Case No. 01 of2024 arising out of Kishanganj Excise Case No. 1786 of 2023to the satisfaction of learned Exclusive Special Judge Excise-II,Kishanganj subject to the conditions as laid down under Section438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the familymember/relative of the petitioner who shall provide officialdocument to show his/her bona fide;

(ii) the petitioner shall appear on each and every datebefore the Trial Court and failure to do so for two consecutive Ravi/- UT

dates without plausible reason will entail cancellation of hisbail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concernedpolice station every fortnight for next six months to mark hisattendance;

(iii) the petitioner shall co-operate in the investigationand make himself available to the police as and when required;

(iv) the petitioner shall in no way try to induce orpromise or threat the witnesses or tamper with the evidences,failing which the State shall be at liberty to take steps forcancellation of the bail bonds;

(v) the petitioner shall desist from committing anycriminal offence again, failing which the State shall be at libertyto take steps for cancellation of his bail bonds.

(Rajiv Roy, J)