It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners, to the notice of the Court concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioners. This was said in the case of Bijendra Rai v State of Bihar [CRIMINAL MISCELLANEOUS No.34711 of 2020] by Mr. Justice Ahsanuddin Amanullah in the High Court Of Judicature At Patna
The facts of the case are that there is an allegation against the petitioners and twenty other named persons that they were involved in manufacturing of countrymade liquor and supplying the same through stolen motorcycles. The petitioners apprehend arrest in connection with case instituted under Sections 414/34 of the Indian Penal Code and 30(a)(d)/41 of the Bihar Prohibition and Excise Act, 2016. Hence, the present bail application
Learned counsel for the petitioners submitted that only on suspicion and confidential information about the involvement of the petitioners as also twenty others, raid was conducted and some people ran away and recovery of sixty litres of countrymade chulhai liquor has been shown. It was submitted that the petitioners have clean antecedent and further, that neither the place of recovery, which is the banks of river Ganges nor the motorcycles belong to them. Thus, learned counsel submitted that since there is no connection either with the place of recovery or the liquor seized with the petitioners, bar of Section 76(2) of the Act would not be applicable.
Learned APP submitted that the police had prior information that the petitioners were also in the business of illicit liquor and on raid, 60 litres of the same has been recovered
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court said that “in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further (i) that one of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners, and (iii) that the petitioners shall also give an undertaking to the Court that they shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions, tamper with the evidence or influence the witnesses”.
Furthermore, the Court said that “Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of their bail bonds. The petitioners 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 their bail bonds”. Therefore, the application stands disposed off in the aforementioned terms.
