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Vinay Singh @ Vinay Kumar Singh @ Sanjeev Kumar Singh v. The State of Bihar

Patna HC19 Mar 2021CR. MISC./11757/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition seeking bail for recovery of foreign liquor, the Patna High Court granted bail after considering lack of recovery from conscious possession and clean antecedents of the petitioner.

What did the court decide?

Petitioner directed to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.

Vinay Singh @ Vinay Kumar Singh @ Sanjeev Kumar Singh… — Service and Employment | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11757 of 2021

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Arising Out of PS. Case No.-8 Year-2020 Thana- PAKRIDAYAL District- East Champaran

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

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VINAY SINGH @ VINAY KUMAR SINGH @ SANJEEV KUMAR SINGH S/o Ramchand Singh R/o Mohalla- Ward No. 13 Majhar Amawa Tola, P.S.Pakaridayal, District- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vinay Kumar Mishra For the Opposite Party/s : Mr.A.G. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

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ORAL ORDER

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2 19-03-2021

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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The petitioner seeks bail in Pakridayal P.S. Case No. 08 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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As per the prosecution case, 1200 litres of foreign liquor has been recovered from orchard behind the house of this petitioner.

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It is submitted that no recovery has been made from conscious possession of this petitioner. Recovery has been made from open place which is accessible to general public. Petitioner has no concern with the seized liquor. Petitioner is in custody since 06.12.2020 having no criminal antecedent, as stated in

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Patna High Court CR. MISC. No.11757 of 2021(2) dt.19-03-2021 2/2

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para 3 of the petition.

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Considering the fact that no recovery has been made from conscious possession of petitioner coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, East Champaran, Motihari in connection with Pakridayal P.S. Case No. 08 of 2020, subject to following conditions:-

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(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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(Prabhat Kumar Singh, J)

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vinita/- U T

Vinay Singh @ Vinay Kumar Singh @ Sanjeev Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vinay Singh @ Vinay Kumar Singh @ Sanjeev Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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