Allowed

Dineshwar Sah @ Dineshwar Kumar v. The State of Bihar

Patna HC5 Dec 2020CR. MISC./27180/2020

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in a case under the Bihar Prohibition and Excise Act. The court noted the petitioner was falsely implicated with no incriminating articles recovered from him and allowed his undertaking to deposit money in the PM Cares fund as a condition for bail.

What did the court decide?

Released on bail in the event of arrest within six weeks, furnishing a bond of Rs.25,000 with two sureties of the same amount.

Dineshwar Sah @ Dineshwar Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27180 of 2020

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Arising Out of PS. Case No.-7 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi

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

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DINESHWAR SAH @ DINESHWAR KUMAR Son of Radhe Sah Resident of Village- Olipur, P.S.- Mahindwara, Distt- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Virendra Kumar, Advocate. For the Opposite Party/s : Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 05-12-2020

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Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings.

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Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

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Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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Learned counsel for the petitioner submits that due to typographical mistake in prayer portion Case No.C2/91/20 has been typed in place of Case No.C2/07/19.

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Patna High Court CR. MISC. No.27180 of 2020(2) dt.05-12-2020 2/3

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Let it be so corrected and read accordingly.

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The petitioner apprehends his arrest in a case

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registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

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129.565 liters of foreign liquor and 20 liters of spirit along with the articles of brewing liquor are said to have been recovered from the back side of the house of Vinod Sahni.

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It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. As a matter of fact, the petitioner is a daily wage worker and lives at Muzaffarpur. He has no criminal antecedent.

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Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi. .

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Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the

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Patna High Court CR. MISC. No.27180 of 2020(2) dt.05-12-2020 3/3

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event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge Excise Act, Sitamarhi in connection with Case No. C2/07/19, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the PM Cares fund.

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(Anjani Kumar Sharan, J)

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Trivedi/-

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U T

Dineshwar Sah @ Dineshwar Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dineshwar Sah @ Dineshwar Kumar v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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