Partly allowed

Anup Kumar @ Anu Kumar v. The State of Bihar

Patna HC10 Dec 2019CR. MISC./57721/2019

Case brief

AI extract

What is this about?

Mr. Justice Birendra Kumar refused anticipatory bail to petitioner No.1 (Anup Kumar) in a liquor-related case due to reverse burden of proof. He granted anticipatory bail to petitioner No.2 (Raushan Kumar) due to lack of evidence against him, subject to specific conditions and a bond.

What did the court decide?

Anticipatory bail refused for Petitioner No.1; granted for Petitioner No.2 subject to ₹20,000 bond and two sureties with conditions.

Anup Kumar @ Anu Kumar Vs The State of Bihar — Cheque Dishonour | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57721 of 2019

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Arising Out of PS. Case No.-215 Year-2019 Thana- OBRA District- Aurangabad

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

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1. ANUP KUMAR @ ANU KUMAR, Son of Sajeevan Yadav, Resident of Village - Shankarpur, P.O. - Sarsawli, P.S. - Obra, District - Aurangabad (Bihar)

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Raushan Kumar, Son of Sajeewan Yadav, Resident of Village - Shankarpur, P.O. - Sarsawli, P.S. - Obra, District - Aurangabad (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kedar Yadav, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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3 10-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016,

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From the car of petitioner no. 1-Anup Kumar @ Anu Kumar liquor was recovered. Petitioner No. 2-Raushan Kumar is brother of petitioner no. 1-Anup Kumar @ Anu Kumar.

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Considering the reverse burden of proof against petitioner no. 1-Anup Kumar @ Anu Kumar, under Section 32 of the Bihar Prohibition and Excise Act, 2016, I am not inclined to enlarge him on anticipatory bail.

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Hence, prayer of petitioner no. 1-Anup Kumar @ Anu

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Patna High Court CR. MISC. No.57721 of 2019(3) dt.10-12-2019 2/2

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Kumar for anticipatory bail is refused.

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Since there is no material to prove involvement of petitioner no. 2 Raushan Kumar in the occurrence alleged, let the petitioner no. 2 Raushan Kumar, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Obra Police Station Case No. 215 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner no. 2 shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner no. 2.

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(Birendra Kumar, J)

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Kundan/-

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U T

Anup Kumar @ Anu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anup Kumar @ Anu 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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