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Anuj Srivastava @ Anuj Kumar Sinha @ Anuj Kumar v. The State of Bihar

Patna HC20 Apr 2022CR. MISC./14178/2021

Case brief

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What is this about?

The Patna High Court granted anticipatory bail to the petitioner in an excise case involving foreign liquor recovery, requiring surrender or release within four weeks upon posting bail bonds with sureties under Section 438(2) of the Cr.P.C.

What did the court decide?

The petitioner shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000 with two sureties of the like amount within four weeks of arrest or surrender.

Anuj Srivastava @ Anuj Kumar Sinha @ Anuj Kumar Vs The State… — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14178 of 2021

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Arising Out of PS. Case No.-978 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran

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

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Anuj Srivastava @ Anuj Kumar Sinha @ Anuj Kumar Son of Late Devnarayan Srivastava Resident of Village - Chota Bariyarpur Ward No. 7, P.S.- Chhatauni, District - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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5 20-04-2022

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 32, 38 and 41(1) of the Bihar Prohibition and Excise Act.

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It is a case of recovery of about 1197.360 liters of foreign liquor from a truck and a bolero.

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It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case and he has not been apprehended at the spot. He further submits that no liquor was recovered from the conscious or constructive possession of the petitioner and the name of the petitioner has transpired at the instance of his enemies and he has no concern

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Patna High Court CR. MISC. No.14178 of 2021(5) dt.20-04-2022 2/2

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with the seized vehicle in question. He further submits that similarly situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 22877 of 2020.

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

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In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, East Champaran in connection with Excise Case No. 978 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Brajesh Kumar/- U T

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(Sunil Kumar Panwar, J)

Anuj Srivastava @ Anuj Kumar Sinha @ Anuj Kumar v. The State of Bihar

Case brief

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Anuj Srivastava @ Anuj Kumar Sinha @ Anuj Kumar v. The State of Bihar

Case brief

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