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Chandan Kumar @ Bhulla @ Chandan v. the State of Bihar

Patna HC27 May 2019CR. MISC./34410/2019

Case brief

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What is this about?

In a bail application under Section 438(2) CrPC regarding a liquor seizure under Bihar Prohibition and Excise Act, the High Court granted bail considering the recovery occurred on a third party's land and the petitioner had already been released on bail in other cases.

What did the court decide?

Granted bail by enlarging the petitioner on furnishing bail bonds of Rs 10,000 with two sureties of similar amount.

Chandan Kumar @ Bhulla @ Chandan Vs the State of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34410 of 2019

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Arising Out of PS. Case No.-40 Year-2019 Thana- TEGHRHA District- Begusarai

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

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Chandan Kumar @ Bhulla @ Chandan Son of Sundeshwari Singh Resident of Village - Bariyarpur, Ward No. 8, P.S.- Teghra, District- Begusarai

... ... Petitioner/s

Versus

The state of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sandip Kumar Gautam For the Opposite Party/s : Mr.Sucheta Yadav ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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2 27-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner has filed the instant application apprehending his arrest in connection with Teghra P.S. Case No. 40 of 2019 registered for the offence under Section 30(A) of Bihar Prohibition and Excise Act, 2016

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It is the submission on behalf of the petitioner that even as per the FIR 195 liters of foreign liquor which was alleged to be seized was from the agricultural field of one Vijay Roy. Neither any recovery has taken place from the person of the petitioner nor does the petitioner has any concern with the said land.

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The application for bail is opposed by the learned APP for the State by submitting that the petitioner was seen fleeing

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Patna High Court CR. MISC. No.34410 of 2019(2) dt.27-05-2019 2/2

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away from the place where the 195 liters of liquor was seized. It is further submitted that the petitioner is an accused in other cases also.

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Having heard the learned counsel for the petitioner and the learned APP for the State, taking into consideration that the petitioner has already been enlarged on bail in other cases and also that the alleged recovery was from the agricultural field of one Vijay Roy with whom as per the petitioner he has no concern, I am inclined to enlarge the petitioner on bail. Let the petitioner namely, Chandan Kumar@Bhulla@Chandan surrender in the Court below within four weeks from today. In case of his arrest or surrender, he be enlarged 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 learned Additional Sessions Judge II, Begusarai- cum- Special Judge, Bihar in connection with Teghra P.S. Case No. 40 of 2019 subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code.

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(Partha Sarthy, J)

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Prakash/-

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Chandan Kumar @ Bhulla @ Chandan v. the State of Bihar

Case brief

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Chandan Kumar @ Bhulla @ Chandan v. the State of Bihar

Case brief

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