Allowed

Abhishek Kumar v. The State Of Bihar

Patna HC27 Mar 2018CR. MISC./17243/2018

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner apprehending arrest in a prosecution for possession of liquor under the Bihar Prohibition and Excise Act. Bail was conditioned on surrender within six weeks. The court dismissed the opposing counsel's arguments against release. (HDR:GR)

What did the court decide?

Anticipatory bail granted subject to surrender within six weeks and furnishing bail bond of Rs. 10,000 with two sureties of like amount.

Abhishek Kumar Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17243 of 2018

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Arising Out of PS. Case No.-10 Year-2018 Thana- GAYA MUFFSIL District- Gaya

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======================================================

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Abhishek Kumar Son of Sri Ashok Kumar Singh, Resident of Rajiv Nagar, Road No.14, P.S. Rajiv Nagar, District-Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. ANIL PRASAD SINGH ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 27-03-2018 Heard learned counsel for the petitioner and learned APP

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for the State.

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The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 345.525 liters wine is recovered.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the petitioner is alleged owner of the vehicle in question. Prior to the institution of the present case, the petitioner had already instituted case regarding theft of his vehicle in question which is

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Patna High Court Cr.Misc. No.17243 of 2018(2) dt.27-03-2018 2/2

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evident from Annexure-2 to the present application. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 345.525 liters wine is recovered from the vehicle in question. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Mufassil P.S. Case No. 10/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Abhishek Kumar v. The State Of Bihar

Case brief

What is this about?

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Abhishek Kumar v. The State Of Bihar

Case brief

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