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Morindra Sah @ Munindra Sah v. the State of Bihar

Patna HC2 Nov 2022CR. MISC./26467/2022

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioner in a prosecution for illicit wine possession. The release is conditional on furnishing a bond with sureties and complying with trial attendance and non-tampering conditions.

What did the court decide?

Petitioner released on bail upon surrender/arrest within 30 days, furnishing bond of Rs. 10,000 with two sureties of like amount.

Morindra Sah @ Munindra Sah 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.26467 of 2022

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Arising Out of PS. Case No.-214 Year-2020 Thana- BARGAINIA District- Sitamarhi

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

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Morindra Sah @ Munindra Sah Son Of Rudal Sah R/O Village- Masaha Narottam Punarwas, P.S.- Bairgania, District- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Ms. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 02-11-2022 Heard learned counsel for the petitioner and

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learned Additional Public Prosecutor for the State.

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Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

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The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

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Recovery is of 136.500 liters of illicit wine.

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Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The name of the petitioner has been transpired on the basis of the confessional statement of the co-accused persons, namely, Ashok Kumar and Ram Babu

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Patna High Court CR. MISC. No.26467 of 2022(3) dt.02-11-2022 2/3

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Kumar. He further submits that nothing has been recovered from the conscious possession of the petitioner and the petitioner has no concern at all with the alleged recovery or the co-accused persons.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bairgania P.S. Case No. 214 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

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Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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Patna High Court CR. MISC. No.26467 of 2022(3) dt.02-11-2022 3/3

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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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And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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vanisha/-

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U T

Morindra Sah @ Munindra Sah v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Morindra Sah @ Munindra Sah v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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