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Vishwajeet Kumar @ Guddu Singh v. The State of Bihar

Patna HC13 Sept 2021CR. MISC./12899/2021

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioners in a case under the Bihar Prohibition and Excise Act relating to the recovery of wine. The order directed personal bonds and the furnishing of monetary bonds with sureties upon restoration of normalcy, alongside surrender conditions.

What did the court decide?

Anticipatory bail granted on personal bonds; direction to furnish bonds of Rs. 10,000 each with two sureties within 8 weeks after normalcy; surrender required within 12 weeks.

Vishwajeet Kumar @ Guddu Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12899 of 2021

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Arising Out of PS. Case No.-137 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai

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

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VISHWAJEET KUMAR @ GUDDU SINGH S/o- Suresh Singh R/o Village- Mokama, P.S.- Mokama, District- Patna, at present Address- K.S.S. College Baripokhar Naya Tola, P.S.- Lakhisarai, District- Lakhisarai.

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Banarsi Mandal @ Binay Mandal S/o- Satan Mandal R/o Village- Purani Bazar Naya Tola, P.S.- Lakhisarai, District- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shaukat Alam For the Opposite Party/s : Mr.APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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3 13-09-2021 Heard learned counsel for the petitioners and learned

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APP for the State through virtual mode.

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Learned counsel for the petitioners is directed to remove

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the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

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The petitioners are apprehending their arrest in a case registered under Sections 30(a), 32, 41, 56(a),, 56(2) and 62 of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 18 liters wine is recovered.

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It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

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Patna High Court CR. MISC. No.12899 of 2021(3) dt.13-09-2021 2/3

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allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired on the basis of disclosure made by the local residents. The names of local residents, who have named the petitioners, have not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 18 liters wine is recovered from the house of co-accused. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

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

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Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned 2^nd Additional District & Sessions Judge -cum- Special Judge, Excise, Lakhisarai in connection with Case No. 137C2/2020, 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 petitioners shall

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Patna High Court CR. MISC. No.12899 of 2021(3) dt.13-09-2021 3/3

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furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight 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/-

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U T

Vishwajeet Kumar @ Guddu Singh v. The State of Bihar

Case brief

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Vishwajeet Kumar @ Guddu Singh v. The State of Bihar

Case brief

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