Allowed

Mukesh Kumar v. The State of Bihar

Patna HC4 Sept 2020CR. MISC./22113/2020

Case brief

AI extract

What is this about?

The Patna High Court, in an oral order, directed the release of the petitioner on personal bond to the Special Judge due to the COVID-19 pandemic. The court noted the petitioner's lack of criminal antecedents and the pendency of the charge-sheet in a case under the Prohibition Act. Bail bonds with sureties are required once normalcy is restored.

What did the court decide?

Released on bail on personal bond to the Special Judge; to furnish bond with sureties once normalcy restored.

Mukesh Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22113 of 2020

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Arising Out of PS. Case No.-176 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi

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

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MUKESH KUMAR Son of Kishandev Sah @ Krishandew Sah Resident of Village - Dhurdhura (Gurgura), P.S.- Sonbarsa, District - Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Uday Kumar For the Opposite Party/s : Mr.Ram Sewak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 04-09-2020

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Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

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The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in a case instituted for the offences under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

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Prosecution case, in short, is that 104.4 liters wine is recovered.

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It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.03.2020 and has got no

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Patna High Court CR. MISC. No.22113 of 2020(2) dt.04-09-2020 2/2

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criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 104.4 liters wine is recovered. There is no compliance of Section 100 Cr.P.C.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case.

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Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned A.D.J 2^nd -cum- Special Judge, Excise Act, Sitamarhi in connection with Case No. C2/176/2020.

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Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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Pankaj/-

Mukesh Kumar v. The State of Bihar

Case brief

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Mukesh Kumar v. The State of Bihar

Case brief

What is this about?

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