Allowed

Rakesh Kumar @ Guddu v. The State of Bihar

Patna HC20 May 2022CR. MISC./14718/2022

Case brief

AI extract

What is this about?

The Patna High Court allowed the bail application of accused Rakesh Kumar @ Guddu in a special excise case involving illicit liquor possession. Bail was granted due to his illness and need for surgery, subject to standard bail conditions and a fine bond.

What did the court decide?

The applicant is directed to be released on bail by executing a Personal Bond of Rs. 10,000 with sureties, subject to conditions against interfering with the investigation and committing future offens

Rakesh Kumar @ Guddu 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.14718 of 2022

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Arising Out of PS. Case No.-498 Year-2021 Thana- BODHGAYA District- Gaya

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

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Rakesh Kumar @ Guddu Son Of Basant Yadav Resident Of New Garadih, Bhagalpur, Bodh Gaya, P.S.- Bodh Gaya, District - Gaya (Bihar).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Krishan Jha, Advocate For the Opposite Party/s : Ms. Gulnar Begum, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE A. M. BADAR

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ORAL ORDER

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2 20-05-2022

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The applicant is accused in Special Excise Case No.2637 of 2021, arising out of Crime No. 498 of 2021 registered with Bodh Gaya Police Station, for the offences punishable under Sections 30(a), 32(2), 37(2), 41 and 48 of the Bihar Prohibition and Excise Act. By this application he is seeking his release on bail during pendency of the trial.

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Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.

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According to the prosecution case, police received secret information that the applicant is dealing in illicit liquor. Accordingly, his house was raided. The applicant as well as co-accused Md. Teju came to be arrested from that place. The applicant was found to be possessing 49.652 liters of illicit

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Patna High Court CR. MISC. No.14718 of 2022(2) dt.20-05-2022 2/3

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liquor. The police party seized his cellphone. There were calls on his cellphone from which the police noticed that the applicant was delivering the illicit liquor to his customers. That is how the subject crime is registered.

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The investigation of the subject crime is over. The applicant has already undergone pretrial detention from 13.12.2021. He has one antecedent regarding the offence of consuming the liquor.

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The learned counsel for the applicant argued that while undergoing the pretrial detention the applicant became ill and is advised surgery.

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In this view of the matter, the further pretrial detention of the applicant is not warranted and, therefore, the order :-

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i. The application is allowed.

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ii. The applicant/accused in Special Excise Case No.2637 of 2021, arising out of Bodh Gaya P.S. Case No.498 of 2021, be released on bail on executing P.R. bond of Rs.10,000/(Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: -

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(I) The applicant/accused should not extend any

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Patna High Court CR. MISC. No.14718 of 2022(2) dt.20-05-2022 3/3

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threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.

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(II) The applicant/accused should cooperate the trial court in expeditious disposal of the trial against him.

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(III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial.

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(IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

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The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

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(A. M. Badar, J)

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Mkr./-

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U T

Rakesh Kumar @ Guddu v. The State of Bihar

Case brief

What is this about?

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Rakesh Kumar @ Guddu v. The State of Bihar

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