Allowed

Chandan Kumar Yadav v. The State Of Bihar

Patna HC11 Jul 2018CR. MISC./36369/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition arising from an Excise case concerning the illicit liquor trade, the court granted bail to the petitioner fearing arrest. The order was based on the lack of independent material linking the accused beyond the co-accused's confession.

What did the court decide?

Enlargement on bail of Rs. 10,000 with two sureties of like amount each to the satisfaction of the 2nd Addl. Sessions Judge-cum-Special Judge, Araria.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 36369 of 2018

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Arising Out of PS. Case No.-91 Year-2018 Thana- Kursakanta District- Araria

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

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Chandan Kumar Yadav S/o Rajendra Yadav, resident of Village- Bakhari Phulwari, Ward No. 12, P.S. Kursakanta, District- Araria.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vishwajeet Singh Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER

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11-07-2018

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Heard Sri Vishwajeet Singh, learned counsel assisted

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by Sri Kundan Kumar Singh, learned counsel for the petitioner and Sri Nawal Kishore Prasad, learned Addl. Public Prosecutor.

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The sole petitioner, apprehending his arrest in Excise Spl. Case No. 534 of 2018, arising out of Kursakanta (Kuari O.P.) P.S. Case No. 91 of 2018 registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

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It was submitted by learned counsel for the petitioner that save and except confessional statement of co-accused, there is no other cogent material to connect the petitioner in the present case. He further submits that in this case, about 9 litre of Nepali liquor was shown to be recovered from possession of the

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Patna High Court Cr.Misc. No.36369 of 2018(4) dt.11-07-2018 2/2

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co-accused, who made confessional statement.

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Considering the fact that petitioner has been made accused only on the basis of confession/disclosure, that too before the police, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Chandan Kumar Yadav be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2^nd Addl. Sessions Judge-cum-Special Judge, Araria in connection with Excise Spl. Case No. 534 of 2018, arising out of Kursakanta (Kuari O.P.) P.S. Case No. 91 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

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(Rakesh Kumar, J.)

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anay

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U T

Chandan Kumar Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Chandan Kumar Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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