Allowed

Bikash Kumar Yadav @ Sonu @ Vikash Kumar Yadav v. the State of Bihar

Patna HC13 Dec 2021CR. MISC./37787/2021

Case brief

AI extract

What is this about?

Patna High Court granted bail to petitioner accused under Bihar Prohibition and Excise Act, 2018, accepting submission that recovery was unlawful and he was falsely implicated. Petitioner released on Rs 10,000 bonds with conditions.

What did the court decide?

Petitioner released on bail by furnishing bond of Rs 10,000 with two sureties of like amount each, subject to court fees and conditions regarding attendance.

Bikash Kumar Yadav @ Sonu @ Vikash Kumar Yadav Vs the… — Service and Employment | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37787 of 2021

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Arising Out of PS. Case No.-49 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Bhagalpur

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

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Bikash Kumar Yadav @ Sonu @ Vikash Kumar Yadav, aged about 29 years, Male, Son of Shashi Bhushan Yadav Resident of Village - Kaithpura, Police Station - Barahat, District - Banka.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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2 13-12-2021

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Heard learned counsel for the petitioner and the learned APP for the State.

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This Court would expect that the petitioner’s Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

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The petitioner seeks bail in Excise Police Station Case No 49 of 2021 dated 21.03.2021 instituted for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act, 2018.

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Two bottles of illicit liquor, containing 375 ml each, has been recovered while the motorcycle of one of the coaccused, namely, Dhananjay Yadav was caught in the Course of

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Patna High Court CR. MISC. No.37787 of 2021(2) dt.13-12-2021 2/3

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routine checking. It is alleged that, upon his disclosure, the police party has recovered 90.09 liters of foreign liquor and 113 liters of beer and also apprehended the petitioner. It is alleged that from the motorcycle of the petitioner two bottles of illicit liquor, containing 375 ml each has been recovered.

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Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely because of the fact that he has earlier been made accused in a case registered under the Excise Act being Bhagalpur Rail PS Case No.213 of 2019, in which case, he is on bail. The petitioner has no concern with the motorcycle in -question and the recovery is not in accordance with law. The petitioner is in custody since 22.03.2021.

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Learned APP for the State has opposed the prayer for bail.

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Having considered the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge II -cum

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Patna High Court CR. MISC. No.37787 of 2021(2) dt.13-12-2021 3/3

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Special Judge, Excise Act, Bhagalpur in Excise Police Station Case No 49 of 2021 dated 21.03.2021, subject to the following conditions:-

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(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

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(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

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(Madhuresh Prasad, J)

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shyambihari/-

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U T

Bikash Kumar Yadav @ Sonu @ Vikash Kumar Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Bikash Kumar Yadav @ Sonu @ Vikash Kumar Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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