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Daya Shankar Kumar @ Daya Shankar Yadav v. The State of Bihar

Patna HC11 Dec 2019CR. MISC./74893/2019

Case brief

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What is this about?

In a bail petition under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, the petitioner alleged false implication and forced confessional statement. The court granted bail on a fixed bond amount with conditions regarding sureties, representation, and address reporting.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each, subject to specified conditions.

Daya Shankar Kumar @ Daya Shankar Yadav 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.74893 of 2019

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Arising Out of PS. Case No.-93 Year-2019 Thana- BENIPATTI District- Madhubani

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

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DAYA SHANKAR KUMAR @ DAYA SHANKAR YADAV Son of Kari Yadav Resident of Village - Salha, P.S.- Benipatti, Dist.- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gagan Deo Yadav For the Opposite Party/s : Ms.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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2 11-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

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The petitioner seeks bail in Benipatti P. S. Case No. 93 of 2019 instituted for the offence under Section(s) 30(a) of the Bihar Prohibition and Excise Act, 2016.

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93.90 liters of Nepali liquor has been recovered from coaccused Kari Yadav, father of the petitioner. The petitioner has falsely been implicated in the instant case on the basis of confessional statement of said Kari Yadav obtained forcefully. There is no recovery from the petitioner and he is in custody since 13.08.2019. The petitioner has no criminal antecedents as per averments made in para 3 of the bail petition.

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Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

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Patna High Court CR. MISC. No.74893 of 2019(2) dt.11-12-2019 2/2

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10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the ADJ-II cum Special Judge (Excise Act), Madhubani, in connection with Benipatti P. S. Case No. 93 of 2019, subject to the following conditions:-

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(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

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(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

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(Madhuresh Prasad, J)

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shyambihari/-

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U T

Daya Shankar Kumar @ Daya Shankar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Daya Shankar Kumar @ Daya Shankar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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