Allowed

Shashikant @ Shashi Rai @ Shashikant Kumar v. The State Of Bihar

Patna HC27 Sept 2018CR. MISC./58168/2018

Case brief

AI extract

What is this about?

Single Judge relief order allowing antecedent-free petitioner anticipatory bail under Section 438 Cr.P.C. in Bihar Prohibition excise wine recovery case subject to six weeks surrender.

What did the court decide?

Released on anticipatory bail on furnishing bail bonds of Rs.10,000 with two sureties of same amount in case No. Special Case 4752/17 arising out of PS Case 162/2017 subject to conditions under Sectio

Shashikant @ Shashi Rai @ Shashikant Kumar Vs The State Of… — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.58168 of 2018

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Arising Out of PS. Case No.-162 Year-2017 Thana- BYPASS District- Patna

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

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Shashikant @ Shashi Rai @ Shashikant Kumar, Son of Krishna Prasad, Resident of Mohalla- Maujipur, P.S.- Fatuha, District- Patna.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Sri Amrendra Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 27-09-2018

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Heard learned counsel for the petitioner and learned

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APP 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 268.6 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 on the basis of disclosure made by the co-accused namely Shrawan Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that

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Patna High Court Cr.Misc. No.58168 of 2018(2) dt.27-09-2018 2/2

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268.6 liters wine is recovered from the car in question. The car in question does not belong to the petitioner. 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, Patna in connection with Special Case No. 4752/17 arising out ob Bypass P.S. Case No. 162/2017, 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

Shashikant @ Shashi Rai @ Shashikant Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Shashikant @ Shashi Rai @ Shashikant Kumar v. The State Of Bihar

Case brief

What is this about?

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