Allowed

Upendra Paswan v. the State of Bihar

Patna HC7 Aug 2019CR. MISC./32381/2019

Case brief

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What is this about?

This single judge order in a criminal miscellaneous petition allowed bail for two petitioners in a case involving offences under Sections 420/34 IPC and relevant provisions of the Bihar Prohibition and Excise Act. Considering that the charge was not framed and they had been in custody, the court directed their release upon furnishing bond.

What did the court decide?

Petitioners be released on bail on furnishing bond of Rs. 10,000 each with two sureties of the like amount, to be close relatives.

Upendra Paswan Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32381 of 2019

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Arising Out of PS. Case No.-158 Year-2018 Thana- BYPASS District- Patna

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

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UPENDRA PASWAN Son of Ram Narayan Paswan Resident of Village - Sodgama, P.S.- Vidyapati Nagar, District- Samastipur

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Shankar Mandal Son of Bisho Mandal Resident of Village - Dhanauli, P.S.Baheri, District- Darbhanga

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anant Kumar Sinha For the Opposite Party/s : Mr.Manoj Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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5 07-08-2019

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Heard learned counsel for the petitioners and the

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learned counsel for the State .

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The petitioners seek bail in Bypass P.S. case no. 158 of 2018 giving rise to spl. case no. 4956 of 2018 instituted for the offence under Sections 420/34 of the IPC and Sections 30(a)/37(c) of the Bihar Prohibition and Excise Act, 2016.

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The prayer for bail of the petitioners was earlier rejected by this Court vide order dated 27.9.2018 passed in Cr. Misc. no. 53046 of 2018 with liberty to petitioners to renew their prayer for bail after six months if no substantial progress is made in the trial.

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Report called for from the court below has been

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Patna High Court CR. MISC. No.32381 of 2019(5) dt.07-08-2019 2/2

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received from which it appears that charge has not even been framed in this case.

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Petitioners are in custody since 27.5.2018.

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Considering the aforesaid, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Patna in connection with Bypass P.S. case no. 158 of 2018 giving rise to Spl. case no. 4956 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioners.

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(Sanjay Priya, J)

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shyambihari/-

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U T

Upendra Paswan v. the State of Bihar

Case brief

What is this about?

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Upendra Paswan v. the State of Bihar

Case brief

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What did the court decide?

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