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Gauri Shankar Mahato @ Gauri Shankar Kumar v. the State of Bihar

Patna HC25 Jun 2021CR. MISC./16171/2021

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case involving alleged wine smuggling under the Bihar Prohibition Act and IPC. The petitioner must surrender before the lower court within 12 weeks upon restoration of normalcy.

What did the court decide?

Release on anticipatory bail on personal bond within 12 weeks of normalcy restoration; 2 sureties within 8 weeks.

Gauri Shankar Mahato @ Gauri Shankar Kumar Vs the State of… — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16171 of 2021

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Arising Out of PS. Case No.-136 Year-2020 Thana- SONBERSA District- Sitamarhi

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

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Gauri Shankar Mahato @ Gauri Shankar Kumar S/O Umesh Mahato R/O Village-Jaynagar P.S Sonbarsa, District- Sitamarhi

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Jha, Advocate For the Opposite Party/s : Mr.A.G. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 25-06-2021

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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 Section 414 of I.P.C. and Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 586.500 liters wine 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.16171 of 2021(2) dt.25-06-2021 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 586.500 liters wine is recovered from the side of the chimney. 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 Additional District and Sessions Judge II-cum-Special Judge, Excise, Sitamarhi in connection with Sonbarsa P.S. case No.136 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.16171 of 2021(2) dt.25-06-2021 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

Gauri Shankar Mahato @ Gauri Shankar Kumar v. the State of Bihar

Case brief

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Gauri Shankar Mahato @ Gauri Shankar Kumar v. the State of Bihar

Case brief

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