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Aman Kumar v. The State of Bihar

Patna HC12 Mar 2019CR. MISC./15182/2019

Case brief

AI extract

What is this about?

In a special case for liquor smuggling under the Bihar Prohibition and Excise Act, the High Court inclined to grant bail to the petitioner who had no conscious possession of seized liquor stored in an abandoned booring house, imposing stringent conditions due to past convictions.

What did the court decide?

Petitioner granted bail on Rs. 10,000 bond with two sureties, each Rs. 10,000, condition: both bailors must be elected representative of the local body. Non-anticipatory bail mentioned.

Aman Kumar Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15182 of 2019

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Arising Out of PS. Case No.-187 Year-2017 Thana- NAUBATPUR District- Patna

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

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Aman Kumar Son of Sri Raj Kumar, Resident of Village-Bari Taingaraila, P.S.-Naubatpur, District-Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shiva Shankar Prasad Singh For the Opposite Party/s : Mr. Tarun Prasad Mandal ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 12-03-2019

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Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

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The petitioner is in custody in connection with Special Case No. 3547 of 2017 arising out of Naubatpur P.S. Case No. 187 of 2017 for the offences under Sections 30, 38(1) and 41(1) of Bihar Prohibition and Excise Act, 2016.

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Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 14.12.2018. He further submits that in the instant case 162 liters liquor was seized but nothing was recovered from the conscious possession of the petitioner and he has no concern with the seized liquor. He further submits that liquor was seized from abandoned place i.e. Boring House of the petitioner.

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Considering the fact that the liquor was seized from

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Patna High Court CR. MISC. No.15182 of 2019(2) dt.12-03-2019 2/2

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the Boring House not from the petitioner, the Court is inclined to grant bail to the petitioner, but the Court is constrained to impose stringent condition for release as in the past also he was made accused in a similar such case, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Court of learned Special Judge (Excise), Patna in connection with Special Case No. 3547 of 2017 arising out of Naubatpur P.S. Case No. 187 of 2017 with condition that both the bailors should be elected representative of the local body.

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(Anil Kumar Upadhyay, J)

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mdrashid/-

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U T

Aman Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Aman 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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