Allowed

Md. Nisar @ Misar @ Md. Misar @ Nisar v. the State of Bihar

Patna HC23 Mar 2021CR. MISC./3941/2021

Case brief

AI extract

What is this about?

Justice Anjani Kumar Sharan granted bail to the petitioner in a case involving alleged violation of excise laws regarding recovery of cough syrup and liquor, accepting an assurance to remove defects and a deposit in the PM Cares fund.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 25,000 with sureties and depositing Rs. 5,000 in PM Cares fund upon acceptance by the lower court.

Md. Nisar @ Misar @ Md. Misar @ Nisar 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.3941 of 2021

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Arising Out of PS. Case No.-685 Year-2020 Thana- ARARIA District- Araria

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

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MD. NISAR @ MISAR @ MD. MISAR @ NISAR SON OF MD. SAINUL @ SAINUL RESIDENT OF VILLAGE- BAGDARA, WARD NO. 09, P.S. - JOKIHAT, DISTRICT - ARARIA

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anil Prasad Singh For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 23-03-2021

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State through virtual court proceedings.

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Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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The petitioner seeks bail in connection with Special Case No.674 of 2020 arising out of Araria (B) P.S. Case No. 685 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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Total 302 pieces of cough syrup each Phial containing 100 Ml, i.e. total 32 liters is said to have been recovered from

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Patna High Court CR. MISC. No.3941 of 2021(2) dt.23-03-2021 2/3

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Inova Silver Colour vehicle on checking. Mobile set was also recovered.

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It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case on the basis of suspicion. Petitioner reached there after some hulla, police wanted him to become seizure list witness but he denied, then police forcefully got his signature on blank paper and later on named him in this case. There is a violation of section 100 Cr.P.C. The driver of the said vehicle has already been enlarged on bail vide order 13.11.2020 passed in Cr. Misc. No.35211 of 2020. Petitioner has no criminal antecedent as has been mentioned in para-3 of the present petition and has been languishing in custody since 28.08.2020.

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Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

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Having regard to the facts and circumstances of case, let

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Patna High Court CR. MISC. No.3941 of 2021(2) dt.23-03-2021 3/3

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the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Special Case No.674 of 2020 arising out of Araria (B) P.S. Case No. 685 of 2020.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000.00 (Rupees Five Thousand) in the PM Cares fund.

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(Anjani Kumar Sharan, J)

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pallavi/-

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U T

Md. Nisar @ Misar @ Md. Misar @ Nisar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Nisar @ Misar @ Md. Misar @ Nisar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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