Allowed

Rajiv Kumar v. The State of Bihar

Patna HC18 Feb 2019CR. MISC./6233/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the High Court of Patna allowed the bail application of Rajiv Kumar, who was in custody for offences under the Bihar Prohibition and Excise Act, 2016, involving recovery of country-made liquor. The petitioner claimed false implication. The bail was granted subject to standard conditions.

What did the court decide?

Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties to the Special Judge, Excise, Patna, subject to specified conditions.

Rajiv Kumar 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.6233 of 2019

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Arising Out of PS. Case No.-228 Year-2018 Thana- NADI P.S. District- Patna

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

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Rajiv Kumar, aged about 30 years (Male), S/o Ramnandan Paswan @ Ramnann Paswan , Resident of village-Jethuli, P.S-Nadi, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Satrudhan Kumar For the Opposite Party/s : Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR

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ORAL ORDER

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3 18-02-2019 Heard learned counsel for petitioner and learned

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counsel for the State.

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Petitioner, who is in custody, seeks bail in connection with Nadi P.S. Case No. 228 of 2018 registered for the offences punishable under Sections 30(a)/36 of Bihar Prohibition and Excise Act, 2016.

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Allegation is recovery of 142.400 liters of country made mahua liquor from the house of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing was recovered from the possession of the petitioner rather it was recovered from the joint house. Petitioner is not accused in any other case arsing out of Excise Act and is in custody since 02.11.2018.

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Patna High Court Cr.Misc. No.6233 of 2019(3) dt.18-02-2019 2/2

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Considering the aforesaid facts and

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circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond 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 Nadi P.S. Case No. 228 of 2018 (Special Case no. 10467 of 2018), subject to conditions:

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(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

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(S. Kumar, J)

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Rajiv/-

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U T

Rajiv Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajiv Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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