Partly allowed

Sonu Kumar v. the State of Bihar

Patna HC30 Nov 2021CR. MISC./39478/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous application for anticipatory bail, the Patna High Court dismissed the application as withdrawn by petitioner Dipak Yadav due to his arrest. The court granted bail to petitioners Sonu Kumar and Rupesh Yadav pending surrender orders.

What did the court decide?

Application dismissed against petitioner Dipak Yadav as withdrawn. Petitioner Sonu Kumar and Rupesh Yadav granted bail on surrender with bond of Rs. 10,000/- and two sureties.

Sonu Kumar 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.39478 of 2020

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Arising Out of PS. Case No.-200 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai

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

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SONU KUMAR Son of Tuntun Yadav Resident of Village - Ranko, P.S.Muffasil, Distt.- Khagaria.

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Dipak yadav @ Deepak kumar Son of Ashok yadav @ Ashok Prasad Yadav Resident of Village - Hiratol, P.S.- Sahebpur kamal, Distt.- Begusarai.

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Rupesh Yadav @ Rupesh Kumar Son of Sunil Yadav Resident of Village - Hiratol, P.S.- Sahebpur kamal, Distt.- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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5 30-11-2021

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At the outset, it is submitted by learned counsel for the petitioner that during pendency of this application, petitioner no. 2, namely, Dipak Yapak has been arrested and, as such, he seeks permission to withdraw this application.

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In view of the aforesaid submission, this application is dismissed as withdrawn against petitioner no. 2.

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Heard learned counsel for the petitioner no. 1 and 3 and learned APP for the State.

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Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office.

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Patna High Court CR. MISC. No.39478 of 2020(5) dt.30-11-2021 2/3

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The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sahebpur Kamal P.S. Case no. 200 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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As per allegation in the FIR, police has received a secret information that petitioners are involved in trade of illicit liquor and on search, huge quantity of country made foreign liquor has been recovered from beneath the grass husk, near the poultry form, which belongs to co-accused Rupesh Yadav. Three motorcycles were also parked near the poultry form, for which not a singly chit of paper has been produced before the police.

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Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioners are not indulged in trade of illicit liquor. They have no concern with the alleged recovery. Neither the petitioners were arrested on spot nor any incriminating article has been recovered from their possession.

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

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Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this

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Patna High Court CR. MISC. No.39478 of 2020(5) dt.30-11-2021 3/3

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Court is inclined to enlarge the petitioner no. 1 and 3 on bail. The petitioner nos. 1 and 3, namely, Sonu Kumar and Rupesh Yadav @ Rupesh Kumar are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sahebpur Kamal P.S. Case no. 200 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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(Sunil Kumar Panwar, J)

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sushma/-

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Sonu Kumar v. the State of Bihar

Case brief

What is this about?

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Sonu Kumar v. the State of Bihar

Case brief

What is this about?

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