Allowed

Rajesh Kumar v. The State Of Bihar

Patna HC27 Feb 2018CR. MISC./10822/2018

Case brief

AI extract

What is this about?

In an excise offence case, the High Court granted bail to the petitioner, directing him to furnish a bond of Rs. 10,000 with two sureties to the Special Judge, excising non-compliance with Section 100 CrPC as a ground for bail consideration.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount to the Special Judge.

Rajesh Kumar Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.10822 of 2018

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====================================================== Rajesh Kumar, Son of Maheshwari Yadav, Resident of Village- Khadipur @ Khadimpur Ward No. 9, Sattar Panchgachhiya, P.S.- Bihra, DistrictSaharsa.

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.... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Pramod Mishra, Advocate. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is languishing in custody since 03.01.2018 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution story, in brief, is that total 31.2 liters wine is said to have been recovered.

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It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 31.2 liters wine is recovered from the motorcycle in question. The motorcycle in question does not

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Patna High Court Cr.Misc. No.10822 of 2018 (2) dt.27-02-2018

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2/2

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belong to the petitioner. The petitioner was apprehended on the spot. There is no compliance of Section 100 Cr. P.C.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

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Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Saharsa, in connection with Spl. (Excise) Case No. 08 of 2018, arising out of Bihra P.S. Case No. 01 of 2018.

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U.K./U T

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(Sudhir Singh, J)

Rajesh Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Rajesh Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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