ANTICIPATORY BAIL 1231 of 2023 on 28 December 2023

ORAL ORDER

Heard the parties.

2. The petitioner apprehends his arrest in connection with Bettiah Excise P.S. Case No. 1231 of 2023 for the offenceregistered under section 30(a) of the Bihar Prohibition andExcise Act lodged on 28.12.2023 by the informant, ShankarKumar Mandal.

3. As per the prosecution story, the informant alleges that on secret information, a motorcycle was intercepted andthere is recovery/seizure of 7.2 litres of foreign wine from thedickey, this led to the FIR.

4. Learned Counsel for the petitioner submits that shebeing the lady, only because owns the motorcycle, gotimplicated. She never had taken the vehicle.

5. Learned APP for the State, on the other hand,opposes the prayer for anticipatory bail submitting that the petitioner is owner of the vehicle.

6. Taking into account the aforesaid submission as also that nothing has been recovered from her consciouspossession, only because of vehicle, the FIR is there against her,in that background, this Court is inclined to grant him theanticipatory bail.

7. However, if it is found that contrary to thestatement made in paragraph 3, the petitioner has criminalantecedent, the present order shall become infructuous.

8. Let the petitioner in the event of arrest or surrenderwithin a period of four weeks from the date of receipt of theorder, shall be released on anticipatory bail on furnishing bail ofRs. 10,000/- (ten thousand) each with two sureties of the likeamount each to the satisfaction of the learned Exclusive SpecialJudge- Excise-I, Bettiah, West Champaran in connection withBettiah Excise P.S. Case No. 1231 of subject to condition aslaid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor of the petitioner(s) should be thefamily members/relatives/distant relatives of the petitioner, whoshall provide official document to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and everydate before the Trial court and failure to do so for two Raj Ranjan/-UT

consecutive dates without plausible reason will entailcancellation of his bail bond by the Trial court itself;

(iii) the petitioner(s) 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;

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

(Rajiv Roy, J)