Allowed

Surendra v. the State of Bihar

Patna HC5 Aug 2022CR. MISC./27414/2022

Case brief

AI extract

What is this about?

This bail order, hearing a criminal miscellaneous application under Section 437(3) Cr.P.C., directs the release of the petitioner after finding that the alleged recovery of illicit liquor was not made from his physical possession and no prima facie connection to the alleged offense emerged during investigation.

What did the court decide?

Release of the petitioner on bail on furnishing a bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Muzaffarpur.

Surendra Vs the State of Bihar — Consumer Protection | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27414 of 2022

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Arising Out of PS. Case No.-60 Year-2021 Thana- AHIYAPUR District- Muzaffarpur

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Surendra Son Of Late Zila Singh R/O Village- Kulasi Panchi Jatan, P.S.Gannour, District- Sonipat (Haryana)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Arun Kumar, Advocate For the Opposite Party/s : Ms.Veena Rani Prasad, APP

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

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 05-08-2022

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Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 60 of 2021 registered for the offence under Sections 272, 273, 420, 467, 468, 471 and 347 of the Indian Penal Code and Sections 30(a)(i), 36 and 41 of the Bihar Prohibition and Excise Act, 2018.

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The accused/petitioner is not named in the F.I.R. and is in custody since 26.02.2022.

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The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is

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Patna High Court CR. MISC. No.27414 of 2022(2) dt.05-08-2022 2/3

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recovery of 1782.60 litres of IMFL/country made liquor from the truck.

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Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Anil Kumar @ Anil Rai, nothing surfaced during course of investigation which may connect petitioner, prima facie, with the alleged recovery of illicit liquor. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

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Learned APP, while opposing the prayer of bail, fairly conceded that alleged recovery is not made from the physical possession of the petitioner.

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Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor was not made from the physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Ahiyapur P.S. Case No. 60 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

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Patna High Court CR. MISC. No.27414 of 2022(2) dt.05-08-2022 3/3

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like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

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(Chandra Shekhar Jha, J)

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R.S.Sen/- U T

Surendra v. the State of Bihar

Case brief

What is this about?

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Surendra v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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