State of Bihar vs Sunil

IN THE COURT OF EXCLUSIVE SPECIAL JUDGE EXCISE-II AT MUZAFFARPUR ORDER The accused person/s in the aforementioned F.I.R. has been brought under arrest in for having found to be in a state of intoxication/drunkenness.

The F.I.R., the breath-test report reveals that the accused person/s has/have been found to have consumed liquor.

The accused who is/are present before this court in person has expressed his/their desire to plead guilty voluntarily and further expresses his/their willingness to pay the fine as per section 37 of the Bihar Prohibition & Excise Act, 2016.

The accused has/have also prayed for maximum leniency while considering his/their prayer for minimum fine.

Heard the accused in person.

It transpires that accused has/have voluntarily agreed to pay the fine and it further appears that he/they is/are a daily wage earner/s.

The statement of the accused is/are recorded/separately under section 313(1)(a) of the Cr.P.C.

The same is taken into consideration, wherefrom it is evident that the accused is/are ready to pay the fine.

Having considered the statement of the accused recorded under section 313(1)(a) Cr.P.C. and considering his/their economic condition, this court is inclined to pass the following order.

The accused is sentenced to pay a fine of Rs.

3000/-(each).

In case of failure of the payment of fine, the accused person/s shall be sentenced to simple imprisonment for a period of one month.

Later, the accused has/have paid a fine of Rs.

3000/-______ which is evident from the receipt as per fine book.

In view of the payment of fine by the accused, the case is finally disposed off in terms of Jthis order.

Exclusive Special Court Excise-II , Muzaffarpur.