Allowed

Mithilesh Rai @ Mithilesh Kumar @ Mithilesh Ram and Ors. v. The State Of Bihar

Patna HC25 Apr 2018CR. MISC./22739/2018

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the High Court of Judicature at Patna granted anticipatory bail to the petitioners. They were facing arrest in a case concerning the recovery of wine under the IPC, Bihar Prohibition and Excise Act, and standard bail conditions were imposed.

What did the court decide?

Anticipatory bail granted conditional upon arrest or surrender within six weeks, requiring bail bonds of Rs.10,000 each with two sureties before the designated Special Judge.

Mithilesh Rai @ Mithilesh Kumar @ Mithilesh Ram and Ors. Vs… — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22739 of 2018

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Arising Out of PS. Case No.-16 Year-2018 Thana- KALYANPUR District- East Champaran

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

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Mithilesh Rai @ Mithilesh Kumar @ Mithilesh Ram, Son of Jokhan Rai,

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Shiv Ram @ Shiv Rai, Son of Ram Prit Rai.

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Abhay Singh @ Abhay Kumar Singh, Son of Nawal Singh, All residents of Village- Kamal Pakari P.S.- Kalyanpur, DistrictEast Champaran.

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Jitendra chaudhary, Son of Jagdev Chaudhary, resident of Village- Jagdishpur, P.S.- Kalyanpur, District- East Champaran.

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Pratik Kumar Bhagat @ Pratik Kumar, Son of Prem Prasad Bhagat, resident of Village- Vishanpur Dhir, P.S.- Kalyanpur, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 25-04-2018

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Heard learned counsel for the petitioners and learned APP

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for the State.

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The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 353, 504, 506 of the Indian Penal Code and Section 45 of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 1.47 liters wine is recovered.

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It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The names of

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Patna High Court Cr.Misc. No.22739 of 2018(2) dt.25-04-2018 2/2

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the petitioners have transpired as they were allegedly protesting the arrest of co-accused namely Manoj Kumar Rai. The said Manoj Kumar Rai was in a drunken state and was being apprehended by the Police. It is alleged that 1.47 liters wine is recovered from co-accused Manoj Kumar Rai. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners 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 petitioners are named in the F.I.R./complaint case.

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Considering the aforesaid facts and circumstances, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of learned 4^th Additional Sessions Judge-cum- Special Judge, Excise, East Champaran at Motihari in connection with Kalyanpur P.S. Case No. 16 of 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

Mithilesh Rai @ Mithilesh Kumar @ Mithilesh Ram and Ors. v. The State Of Bihar

Case brief

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Mithilesh Rai @ Mithilesh Kumar @ Mithilesh Ram and Ors. v. The State Of Bihar

Case brief

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What did the court decide?

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