Allowed

Sudhir Kumar v. The State of Bihar

Patna HC21 Oct 2022CR. MISC./53610/2022

Case brief

AI extract

What is this about?

Hon'ble Justice Alok Kumar Pandey granted bail to the petitioner in Kudhani P.S. Case No. 342/2022, considering his clean antecedents and the fact that he was not apprehended on the spot, subject to standard bail conditions.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs. 20,000 with two sureties of like amount each, subject to specified conditions including cooperation in trial and no tampering with evidence.

Sudhir Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53610 of 2022

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Arising Out of PS. Case No.-342 Year-2022 Thana- KUDHNI District- Muzaffarpur

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

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SUDHIR KUMAR Son of Arjun Sahni R/V- Ratnauli, P.S- Maniyari DistMuzaffarpur

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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.Hans Lal Kumar For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 21-10-2022 Let the defect(s), as pointed out by the office, be

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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.

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The petitioner seeks bail in connection with Kudhani P.S. Case No. 342/2022 registered for the offences punishable under Sections 272, 273, 420, 467, 468, 471, 414/34 of the Indian Penal Code and Section 30(C) (D) of the Bihar Prohibition and Excise Act, 2016.

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As per prosecution case, there is alleged recovery of total 1346.04 liters foreign liquor from truck in question. The apprehended co-accused persons disclosed the name of petitioner and others who fled away from the place of occurrence.

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Patna High Court CR. MISC. No.53610 of 2022(2) dt.21-10-2022 2/3

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Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 28.07.2022 and bears no criminal antecedent. Seizure list has not been prepared as per law.

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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, petitioner is not apprehended on the spot and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.-II, Muzaffarpur in connection with Kudhani P.S. Case No. 342/2022, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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Patna High Court CR. MISC. No.53610 of 2022(2) dt.21-10-2022 3/3

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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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amitkumar/-

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U T

Sudhir Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sudhir Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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