Partly allowed

Lakkha @ Rahul @ Rahul Kumar v. The State of Bihar

Patna HC27 Feb 2020CR. MISC./2273/2020

Case brief

AI extract

What is this about?

Hearing a petition for anticipatory bail, the Single Judge of the Patna High Court was inclined to grant release, conditioning it on a deposit in the Juvenile Justice Fund and subsequent bail bond requirements before the Excise Court.

What did the court decide?

Granted anticipatory bail subject to deposit of Rs. 5,000 in the Juvenile Justice Fund and furnishing a bail bond before the Special Judge, Excise within six weeks.

Lakkha @ Rahul @ Rahul Kumar Vs The State of Bihar — Cheque Dishonour | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2273 of 2020

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Arising Out of PS. Case No.-741 Year-2019 Thana- JAKKANPUR District- Patna

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

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Lakkha @ Rahul @ Rahul Kumar, aged about 30 years, Gender-Male, Son of Late Chanshi Mahto, Resident of Village- Purandarpur near at Bara Kuan, back of Arjun Bihar Apartment, P.S.- Jakkanpur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr.Rajesh Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 27-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Jakkanpur P.S. Case No. 741 of 2019, Special Case No.1079 of 2019 registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 3(a)/38/41 of the Bihar Prohibition and Excise Amendment Act, 2018.

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Learned counsel for the petitioner submits that there is recovery of 6.3 liters of foreign liquor along with cash of Rs.9,50,000/- from the house of the petitioner. Learned counsel for the petitioner further submits that there is no recovery from the conscious possession of the petitioner and the petitioner has got no criminal antecedent. Learned counsel for the petitioner

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Patna High Court CR. MISC. No.2273 of 2020(2) dt.27-02-2020 2/3

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further submits that cash of Rs.9,50,000/- was recovered from the godrej of the room of the petitioner and the police stated that it is a stolen property when one Shanti Devi, the mother of the petitioner has made agreement for selling of the land in favour of Smt. Sarita Devi and Sri Raj Kumar about the land which is sit uated at Khata No.195, Survey Plot No.13, Thana No.83, Mauza- Chipura of the total amount of Rs.11,50,000/- and thereafter she received the amount of Rs.5,00,000/- on 11.09.2019 and the said amount was kept by her in her godrej and the police has seized the said amount from t he godrej of the mother of the petitioner which is not the stolen property.

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In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to deposit of Rs.5,000/- ( five thousand ) in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within six weeks from the date of communication of this order, the court below shall release him on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Jakkanpur P.S. Case No. 741 of 2019, subject to the condition as

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Patna High Court CR. MISC. No.2273 of 2020(2) dt.27-02-2020 3/3

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laid down under Section 438(2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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Nasimul/-

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U T

Lakkha @ Rahul @ Rahul Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lakkha @ Rahul @ Rahul 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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