Allowed

Sandeep Kumar v. The State of Bihar

Patna HC8 Jun 2020CR. MISC./16322/2020

Case brief

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What is this about?

This bail order granted release to two petitioners held in custody under the Bihar Prohibition and Excise Act due to alleged procedural lapses in investigation. The court ordered bail on a bond of Rs. 20,000 with sureties, allowing provisional release on personal bond during the lockdown.

What did the court decide?

Release of petitioners on bail with a bond of Rs. 20,000 each and two sureties, with provisions for provisional release on personal bond during lockdown.

Sandeep Kumar Vs The State of Bihar — Property and Title | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16322 of 2020

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Arising Out of PS. Case No.-97 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya

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

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SANDEEP KUMAR Son of Girja Yadav Resident of Village - Imaliyachak, P.S.- Rampur, Dist.- Gaya.

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Nagesh Kumar Son of Chandeshwar Prasad Resident of Village - Noni Jalalpur, P.S.- Tekari, Dist.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Prithivi Raj Singh, Advocate. For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP.

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====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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3 08-06-2020 This matter has been taken up through Video Conferencing.

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Heard the parties.

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The petitioners are languishing in custody for the offence punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016.

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Country made liquor was allegedly recovered from the possession of the petitioners and prosecution report has been submitted without proper investigation of the case. Petitioners have stated on oath that they have got no criminal antecedent. They are in custody since 16.02.2020.

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Considering the procedural lapses aforesaid, let the

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Patna High Court CR. MISC. No.16322 of 2020(3) dt.08-06-2020 2/2

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petitioners, above named, be released on bail, on furnishing bail bond of Rs.20000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with Excise Case No. 97 of 2020 with following conditions:

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(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

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(b) The petitioners 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 petitioners.

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If the petitioners would not be able in furnishing sureties due to lock-down, they shall be provisionally released on their personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

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(Birendra Kumar, J)

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mantreshwar/-

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U T

Sandeep Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sandeep 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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