Allowed

Rupesh Kumar @ Tenia v. The State of Bihar

Patna HC11 Jan 2021CR. MISC./32232/2020

Case brief

AI extract

What is this about?

The High Court in Criminal Miscellaneous No. 32232 of 2020, appearing to deal with prohibition and excise offences under the Indian Penal Code and Bihar Prohibition and Excise Act, ordered the release of the petitioner on bail.

What did the court decide?

Released on bail upon furnishing bonds of Rs. 25,000/- each with two sureties, subject to specific conditions regarding good behaviour and appearance before the Court.

Rupesh Kumar @ Tenia Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32232 of 2020

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Arising Out of PS. Case No.-235 Year-2020 Thana- TEGHRHA District- Begusarai

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Rupesh Kumar @ Tenia, aged about 23 years (Male) Son of Late Abhinandan Singh R/o Village- Harpur Gachhi tola, P.S.- Barauni (Refinery), DistrictBegusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Nasrul Hoda Khan, Advocate For the State : Mr. Akhileshwar Dayal, APP

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

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-01-2021

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Heard Mr. Nasrul Hoda Khan, learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

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The petitioner is in custody in connection with Teghra PS Case No. 235 of 2020 dated 16.08.2020, instituted under Sections 414 and 120B of the Indian Penal Code and Sections 30(a) and 40(i)(2) of Bihar Prohibition and Excise Act, 2018.

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The allegation against the petitioner is that the persons who were arrested with liquor by the police had stated that they had got the liquor from the petitioner’s house who was dealing in such liquor.

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Learned counsel for the petitioner submitted that based on this the petitioner was arrested and then he was

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Patna High Court CR. MISC. No.32232 of 2020 dt.11-01-2021 2/3

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implicated in another case, and when the police went to his house there was recovery for which another case was instituted in which he is on bail. Learned counsel submitted that even the house from which recovery was made is jointly inhabited by many other family members and the petitioner cannot be held exclusively liable for the same. Learned counsel submitted that in the present case, the petitioner is in custody since 03.09.2020.

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Learned APP submitted that from the house of the petitioner liquor being recovered itself indicates that he was in the business of such trade.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 2^nd Additional Sessions Judge-cum-Special Judge, Excise Act, Begusarai in Teghra PS Case No. 235 of 2020, subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory

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Patna High Court CR. MISC. No.32232 of 2020 dt.11-01-2021 3/3

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provisions, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

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The application stands disposed off in the

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aforementioned terms.

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(Ahsanuddin Amanullah, J)

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Vikash/-

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AFR/NAFR U T

Rupesh Kumar @ Tenia v. The State of Bihar

Case brief

What is this about?

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Rupesh Kumar @ Tenia v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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