Allowed

Nouledge Kumar @ Naulej Kumar v. The State of Bihar

Patna HC23 Sept 2022CR. MISC./49083/2022

Case brief

AI extract

What is this about?

This criminal miscellaneous order from the Patna High Court grants bail to the petitioner charged under the Bihar Excise Prohibition Amendment Act, 2022. The court backed the petitioner's clean antecedents and lack of conscious possession of seized liquor, ordering release on a bond of Rs. 10,000 with two sureties.

What did the court decide?

Petitioner released on bail by furnishing bond of Rs. 10,000/- with two sureties of like amount each.

Nouledge Kumar @ Naulej Kumar Vs The State of… — Pension and Retirement Benefits | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49083 of 2022

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Arising Out of PS. Case No.-361 Year-2022 Thana- BODHGAYA District- Gaya

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

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NOULEDGE KUMAR @ NAULEJ KUMAR S/o Vikash Yadav R/o villageFulchatar, P.S.- Bodh Gaya, District- Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Sharma For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 23-09-2022 Learned counsel for the petitioner is permitted to

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make necessary correction in para 1 of the petition.

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Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding.

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The petitioner seeks bail in connection with Bodh Gaya P.S. Case No. 361 of 2022 registered for the offences punishable under Section 30(a) of Bihar Excise Prohibition Amendment Act, 2022

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As per prosecution case, there is alleged recovery of 150 litre country made wine from two motorcycles in question and petitioner is apprehended on spot. It is also alleged that petitioner was piloting the group of three motorcycles.

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Patna High Court CR. MISC. No.49083 of 2022(2) dt.23-09-2022 2/3

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Learned counsel for the petitioner submits that petitioner is in custody since 21.06.2022 and bears no criminal antecedent. He further submits that nothing has been recovered from conscious possession of the petitioner or from his motorcycle rather recovery was made from two another motorcycles bearing Registration No. BR02AS4298 and JH24E9842. Petitioner has no connection with the said motorcycle from where the recovery was made and he is not owner of the alleged recovered wine. Petitioner has been falsely implicated in the case on the basis of suspicion. He further submits that no independent witness has been made witness of seizure list which is violation of Section 100 of Cr.P.C.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No. 1, Gaya in connection with Bodhgaya P.S.

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Patna High Court CR. MISC. No.49083 of 2022(2) dt.23-09-2022 3/3

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Case No. 361 of 2022 , subject to following conditions:-

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(i) One of the bailors shall be either father or

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mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) 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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(Alok Kumar Pandey, J)

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vashudha/-

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U T

Nouledge Kumar @ Naulej Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nouledge Kumar @ Naulej Kumar v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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