Allowed

Basant Kumar @ Basant Kumar Sahani v. the State of Bihar

Patna HC21 Jun 2021CR. MISC./12889/2021

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner for offences under the Bihar Prohibition and Excise Act and IPC, directing him to remove procedural defects related to lockdown within four weeks. Further bail bonds were ordered upon restoration of normalcy.

What did the court decide?

Anticipatory bail granted on personal bond; to furnish final bail bonds after normalcy restored.

Basant Kumar @ Basant Kumar Sahani Vs the State of Bihar — Corruption | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12889 of 2021

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Arising Out of PS. Case No.-98 Year-2020 Thana- KATHAIYA District- Muzaffarpur

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

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BASANT KUMAR @ BASANT KUMAR SAHANI S/o VISHWANATH SAHNI Resident of Village- Pichpura, Hardi, P.S.- Paru, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anish Chandra, Advocate For the Opposite Party/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 21-06-2021

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Heard learned counsel for the petitioner and learned

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APP for the State through virtual mode.

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Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

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The petitioner is apprehending his arrest in a case registered under Sections 272, 273/34 of I.P.C. and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 770 liters spirit is recovered.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this

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Patna High Court CR. MISC. No.12889 of 2021(2) dt.21-06-2021 2/3

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case. The name of the petitioner has transpired in this case on disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 770 liters spirit is recovered from the truck. The petitioner is not the owner of the truck in question. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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 complaint case/F.I.R.

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Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Kathaiya P.S. case No.98 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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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 eight

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Patna High Court CR. MISC. No.12889 of 2021(2) dt.21-06-2021 3/3

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weeks to the satisfaction of the court concerned in connection

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with the aforesaid case.

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(Sudhir Singh, J)

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Narendra/-

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U T

Basant Kumar @ Basant Kumar Sahani v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Basant Kumar @ Basant Kumar Sahani v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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