Allowed

Birbal Prasad v. the State of Bihar

Patna HC2 Dec 2022CR. MISC./61879/2022

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to the petitioner in a case involving 5 litres of country-made liquor. The court imposed conditions including a monetary deposit and specific undertakings from sureties.

What did the court decide?

Anticipatory bail granted subject to furnishing bonds, depositing Rs. 20,000, and complying with specific conditions regarding sureties and surrender.

Birbal Prasad Vs the State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61879 of 2022

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Arising Out of PS. Case No.-125 Year-2022 Thana- SIDHWALIYA District- Gopalganj

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

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BIRBAL PRASAD SON OF JANGALI RAWAT @ JANGALI PRASAD R/O VILLAGE- RAMPUR, P.S.- SIDHWALIYA, DISTRICT- GOPALGANJ

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shiv Sager Sharma For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 02-12-2022 Heard the parties through virtual court proceedings.

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Petitioner apprehends his arrest in connection with a case

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registered for the offence punishable u/s 30(a) of the Bihar Excise and Prohibition (Amendment) Act, 2018.

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Altogether 5 litres of country made liquor is said to have been recovered from a bush behind the house of the petitioner.

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Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis suspicion. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. No independent

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Patna High Court CR. MISC. No.61879 of 2022(2) dt.02-12-2022 2/3

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witness has supported the accusation of the petitioner in the present case. Petitioner has one criminal antecedent of similar nature, as also mentioned in para-3 of the bail application.

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Petitioner is agreed to deposit a sum of Rs.20,000.00/(Rupees Twenty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

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Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Sidhwaliya P.S. Case No.125 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

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(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the

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Patna High Court CR. MISC. No.61879 of 2022(2) dt.02-12-2022 3/3

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petitioner.

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(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00/- (Rupees Twenty Thousand) in the Patna High Court Legal Services Committee.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Birbal Prasad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Birbal Prasad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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