Allowed

Guddu Kumar v. The State of Bihar

Patna HC5 Aug 2022CR. MISC./18087/2022

Case brief

AI extract

What is this about?

Single-paragraph oral order granting bail to a petitioner accused under the Bihar Prohibition and Excise Act. The petitioner was directed to deposit security in the Bihar Kishore Nyay Nidhi and furnish a bond ensuring one surety is a close relative to prevent future misuse.

What did the court decide?

Petitioner enlarged on bail pending fear of arrest for six weeks by depositing ₹10,000 and furnishing a bond of ₹25,000 with two sureties, one of whom must be a close relative.

Guddu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18087 of 2022

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Arising Out of PS. Case No.-25 Year-2022 Thana- DEEPNAGAR District- Nalanda

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

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Guddu Kumar Son Of Vijay Singh @ Raj Kumar Kahar R/O Village - Narayanpur, P.S.- Ekangarsarai, District - Nalanda At Biharsharif. At Present Address - Village - Devi Sarai, Renter Of Gautam Kumar, P.S.- Deepnagar, District - Nalanda At Biharsharif.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Niranjan Parihar For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 05-08-2022

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Heard learned counsel for the petitioner and learned

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APP for the State.

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Learned counsel for the petitioner undertakes to remove the defects within three weeks. 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 is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 60 liters of country made liquor is said to have recovered behind the community hall. He

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Patna High Court CR. MISC. No.18087 of 2022(2) dt.05-08-2022 2/3

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submits that the petitioner has been made accused on the basis of statement of the Choukidar. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

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Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road Patna, bearing Saving Account No. 35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code- 153, IFSC Code-SBIN0000153.

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Considering the facts and circumstance of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged 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 the learned court below where the case is pending/successor court in connection with Deepnagar P.S. Case No. 25 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

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(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to

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Patna High Court CR. MISC. No.18087 of 2022(2) dt.05-08-2022 3/3

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who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

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(II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road Patna.

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(Anjani Kumar Sharan, J)

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devendra/-

Guddu Kumar v. The State of Bihar

Case brief

What is this about?

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Guddu Kumar v. The State of Bihar

Case brief

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