Allowed

Sunil Kumar Rai @ Dharmendra Rai and Ors. v. The State Of Bihar

Patna HC24 Apr 2013CR. MISC./11199/2013

Case brief

AI extract

What is this about?

Justice Anjana Prakash allowed the bail petition for four accused under IPC Sections 406, 409, 120B and Excise Act Sections 47, 47A. The court directed release on a bail bond of Rs.5,000 each with two sureties, subject to standard house arrest and attendance conditions.

What did the court decide?

Released on bail upon furnishing a bond of Rs.5,000 each with two sureties of like amount.

Sunil Kumar Rai @ Dharmendra Rai and Ors. Vs The State Of Bihar — Corruption | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.11199 of 2013

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====================================================== 1. Sunil Kumar Rai @ Dharmendra Rai, S/o. late Satyanarayan Rai @ Dharmendra Rai, 2. Dilip Rai @ Manish Kumar, S/o. Basudeo Rai @ Dinesh Rai, 3. Phulan Sharma, S/o. Sri Ram Sharma, 4. Jagnath Prasad @ Jagannath Prasad @ Jagarnath Prasad, S/o. late Rama Shankar Prasad, .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 24-04-2013 Heard learned counsel for the petitioners and the

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State.

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The petitioners seek bail in a case instituted for the offences under Sections 406, 409 & 120B of the Indian Penal Code and Sections 47, 47A of the Excise Act.

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It has been submitted that Rs.2,00000/- (Two lacs) was the amount which was the loss caused to the government for evading excise duty and the said amount has been deposited which is authenticated by the supplementary affidavit.

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Considering such submissions, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 337 of 2012 subject to the following conditions:-

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Patna High Court Cr.Misc. No.11199 of 2013 (2) dt.24-04-2013

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2/2

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A. That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

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B. That the affidavit shall clearly state that the Petitioners are not an accused in any other case and if they are they shall not be released on bail.

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C. That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

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D. That the Petitioners will give an undertaking that they

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shall receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse.

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E. That the Petitioners will be well represented on each

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date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

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(Anjana Prakash, J)

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Mkr./-

Sunil Kumar Rai @ Dharmendra Rai and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sunil Kumar Rai @ Dharmendra Rai and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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