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Sadanand Kumar v. The State of Bihar

Patna HC9 Dec 2022CR. MISC./63561/2022

Case brief

AI extract

What is this about?

The High Court at Patna, in an oral order, granted anticipatory bail to the petitioner who apprehended arrest under the Bihar Prohibition and Excise Act. He was released on furnishing bonds and sureties subject to specific conditions regarding relation and address.

What did the court decide?

Petitioner released on anticipatory bail on furnishing bond of Rs.25,000/- with two sureties of like amount, subject to specific conditions.

Sadanand Kumar 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.63561 of 2022

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Arising Out of PS. Case No.-31 Year-2021 Thana- JAYRAMPUR District- Sheikhpura

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

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SADANAND KUMAR Son of Pramanand Singh R/V- Chakwae P.SWarsaliganj, Dist- Nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ashwani Raj Narayan For the Opposite Party/s : Mr. Madan Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 09-12-2022

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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 Prohibition and Excise (Amendment) Act, 2018.

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Altogether 201 bottles of foreign liquor of 375 ml capacity litres is said to have been recovered from a scorpio and one person was apprehended from the spot. The petitioner is the owner of the said vehicle.

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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 that he is the owner of the said vehicle. Petitioner has neither been apprehended on the spot nor any incriminating

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Patna High Court CR. MISC. No.63561 of 2022(2) dt.09-12-2022 2/3

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article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

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Petitioner is agreed to deposit a sum of Rs.25,000.00/(Rupees Twenty Five 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 Jairampur P.S. Case No.31 of 2021, 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

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Patna High Court CR. MISC. No.63561 of 2022(2) dt.09-12-2022 3/3

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inform the Court if there is any change in the address of the 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.25,000.00/- (Rupees Twenty Five 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

Sadanand Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sadanand Kumar v. The State of Bihar

Case brief

What is this about?

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