Allowed

Ashok Rai v. The State of Bihar

Patna HC4 Nov 2022CR. MISC./39288/2022

Case brief

AI extract

What is this about?

Justice Rajesh Kumar Verma granted anticipatory bail to Ashok Rai in a case concerning illegal wine recovery under the Bihar Prohibition and Excise Act, directing him to cooperate with the trial.

What did the court decide?

The petitioner shall be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount, subject to trial cooperation and anti-tampering conditions.

Ashok Rai 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.39288 of 2022

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Arising Out of PS. Case No.-107 Year-2022 Thana- AHIYAPUR District- Muzaffarpur

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

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Ashok Rai Son of Shree Rai @ Narayan Rai R/o Village - Khanua Chowk, P.S.- Mahindwara, District - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s : Mr. Abhay Kumar, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 04-11-2022

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State in the virtual court proceeding.

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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)/356 of the Bihar Prohibition and Excise Act, 2016.

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Recovery is of illegal wine near the bus stand.

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Learned counsel for the petitioner submits that the

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petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. itself that nothing has been recovered from the

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Patna High Court CR. MISC. No.39288 of 2022(2) dt.04-11-2022 2/3

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conscious possession of the petitioner and the said recovery is made near the bus stand. He further submits that the petitioner has no concern at all with the alleged recovery.

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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 Ahiyarpur P.S. Case No. 107 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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If the petitioner tampers with the evidence or the

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Patna High Court CR. MISC. No.39288 of 2022(2) dt.04-11-2022 3/3

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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

Ashok Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ashok Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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