Allowed

Bikau Patel v. The State of Bihar

Patna HC6 Aug 2022CR. MISC./26389/2022

Case brief

AI extract

What is this about?

In this bail application, the High Court granted release to the petitioner who was in custody for alleged liquor smuggling. The Court noted the recovery was from an open field rather than conscious possession and allowed bail subject to specific conditions including sureties and periodic appearances.

What did the court decide?

Petitioner to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount.

Bikau Patel Vs The State of Bihar — Bail and Remand | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26389 of 2022

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Arising Out of PS. Case No.-76 Year-2022 Thana- SUPPI District- Sitamarhi

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

¶4

Bikau Patel Son Of Shyam Chandra Ram R/O Village- Harpur Kala, P.S.Mejorganj, District- Sitamarhi

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar, Advocate For the Opposite Party/s : Mr.Tapeshwar Sharma, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 06-08-2022

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Heard learned counsel for the petitioner and learned

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APP for the State in Virtual Court Proceeding.

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Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

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The petitioner is in custody in connection with Suppi P.S. Case No. 76 of 2022 under sections 30(a) of Bihar Prohibition and Excise Act.

¶17

The prosecution story, in brief, is that upon confidential information that co-accused Niraj Singh and Sanjay Mahto and others were concealing illicit liquor near middle school, Basant Khurd., the informant with the police team reached there and apprehended three persons out of four including the petitioner. Upon search, total 234 liters of Nepali Saufi Liquor was recovered/seized and accordingly, seizure list

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Patna High Court CR. MISC. No.26389 of 2022(2) dt.06-08-2022 2/3

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was prepared.

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Learned counsel for the petitioner submits that the alleged recovery of 234 liters of Nepali Saufi Wine has been made from an open field and certainly cannot be attributed to the petitioner as the same has not been recovered from his conscious possession. He further submits that he had no role to play in the said act and only because he had criminal antecedent, the police has implicated him in this case as a result whereof, he is in custody since 16.3.2022.

¶21

Considering the fact that recovery has been made from an open field and not from the conscious possession of the petitioner and he is in custody since 16.3.2022, this Court is inclined to grant him the privilege of bail.

¶22

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court-1, Sitamarhi, in connection with Suppi P.S. Case No. 76 of 2022 subject to the following conditions:

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(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

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(ii) the petitioner shall appear on each and every date

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Patna High Court CR. MISC. No.26389 of 2022(2) dt.06-08-2022 3/3

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before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

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(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

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(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

¶29

With the aforesaid observations, the bail application is

allowed.

(Rajiv Roy, J)

Ravi/-

U T

Bikau Patel v. The State of Bihar

Case brief

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Bikau Patel v. The State of Bihar

Case brief

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