Allowed

Nikhil Kumar @ Nikhil Singh v. The State of Bihar

Patna HC26 Jul 2022CR. MISC./10126/2022

Case brief

AI extract

What is this about?

The High Court released the petitioner on bail after framing of charges in an illegal liquor syndicate case. A bail bond of Rs. 10,000 with two sureties was required, subject to conditions regarding cooperation in trial and no tampering with evidence.

What did the court decide?

The petitioner to be released on bail after framing of charges on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.

Nikhil Kumar @ Nikhil Singh Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10126 of 2022

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Arising Out of PS. Case No.-14 Year-2021 Thana- INDUSTRIAL AREA District- Vaishali

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

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NIKHIL KUMAR @ NIKHIL SINGH Son of Anil Singh @ Anil Kumar Singh Resident of Village- Chechar, P.S.- Bidupur, District- Vaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Kumari Anupam For the Opposite Party/s : Mr.Anand Kishore Choudhary ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 26-07-2022

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Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Industrial Area P.S. Case No. 14 of 2021 registered for the offences punishable under Sections 420, 467, 468 of IPC and 30(a), 36, 41(i) of Bihar Prohibition and Excise Act, 2018.

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As per prosecution case, police recovered 4298.4 litres Indian made foreign liquor from truck in question. The petitioner is alleged to be the member of syndicate involved in the trade of illegal liquor. Petitioner and others escaped from the place of occurrence

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Learned counsel for the petitioner submits that

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Patna High Court CR. MISC. No.10126 of 2022(2) dt.26-07-2022 2/3

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petitioner is in custody since 30.11.2021. Petitioner bears criminal antecedent of five cases of similar nature. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that petitioner has no concern with the seized liquor nor is he the owner of said vehicle. Petitioner is not apprehended on spot.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case as well as period of custody, petitioner is not apprehended on spot, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1- cum-Additional Sessions Judge, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 14 of 2021, subject to following conditions:-

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(i) One of the bailors shall be either father or

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Patna High Court CR. MISC. No.10126 of 2022(2) dt.26-07-2022 3/3

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mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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amitkr/-

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U T

Nikhil Kumar @ Nikhil Singh v. The State of Bihar

Case brief

What is this about?

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Nikhil Kumar @ Nikhil Singh v. The State of Bihar

Case brief

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