Allowed

Kindev Prasad @ Kindeo Sah @ Kishandeo Prasad v. the State of Bihar

Patna HC2 Dec 2022CR. MISC./63906/2022

Case brief

AI extract

What is this about?

This judgment grants bail to two petitioners, Chandan Gupta and Kindev Prasad, charged under the Bihar Prohibition and Excise Act. The court noted the illicit liquor was recovered from a truck, not the petitioners' physical possession, and the charge-sheet was filed.

What did the court decide?

Released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each, subject to conditions under Section 437(3) Cr.P.C.

Kindev Prasad @ Kindeo Sah @ Kishandeo Prasad Vs the State of… — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62565 of 2022

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Arising Out of PS. Case No.-149 Year-2021 Thana- AMBA District- Aurangabad

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

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Chandan Gupta @ Chandan Kumar Gupta S/o Late Ganesh Sah R/v- Mauje Bazar Jiwdhara, Surujpur Koiriya Tola, P.S.- Pipra Kothi, District- East Champaran, Motihari

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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with

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CRIMINAL MISCELLANEOUS No. 63906 of 2022

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Arising Out of PS. Case No.-149 Year-2021 Thana- AMBA District- Aurangabad

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

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Kindev Prasad @ Kindeo Sah @ Kishandeo Prasad Son of Jaglal Sah R/vGhosrai, P.S.- Harsidhi, District- East Champaran, Motihari

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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Appearance : (In CRIMINAL MISCELLANEOUS No. 62565 of 2022) For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, APP (In CRIMINAL MISCELLANEOUS No. 63906 of 2022) For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 02-12-2022

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Cr. Misc. No. 62565 of 2022

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Heard learned counsel appearing on behalf of the

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petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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Patna High Court CR. MISC. No.62565 of 2022(2) dt.02-12-2022 2/5

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The petitioner seeks bail in connection with Amba P.S. Case No. 149 of 2021 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

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The accused/petitioner is named in the F.I.R. and is in custody since 02.09.2022.

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The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 2541.600 litres of IMFL/country made liquor from the alleged truck.

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Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner transpired on the basis of confessional statement of co-accused Raja Kumar, where nothing surfaced during the course of investigation, which may connect this petitioner with alleged recovery of illicit liquor. It is submitted that the name of petitioner surfaced in present case only for his criminal antecedents, as he found involved in 6 criminal cases, where he is on bail and in maximum of cases, the name of petitioner surfaced on the basis of confessional statement, as of the present case. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

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Patna High Court CR. MISC. No.62565 of 2022(2) dt.02-12-2022 3/5

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Learned APP opposes the prayer of bail.

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Considering the facts and circumstances as mentioned

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above, as recovery of alleged illicit liquor not appears to be made from the conscious physical possession of this petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Amba P.S. Case No. 149 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-1, Aurangabad/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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Cr. Misc. No. 63906 of 2022

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Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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The petitioner seeks bail in connection with Amba P.S. Case No. 149 of 2021 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

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Patna High Court CR. MISC. No.62565 of 2022(2) dt.02-12-2022 4/5

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The accused/petitioner is named in the F.I.R. and is in custody since 02.09.2022.

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Learned APP opposes the prayer of bail.

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Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor not appears to be

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Patna High Court CR. MISC. No.62565 of 2022(2) dt.02-12-2022 5/5

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made from the conscious physical possession of this petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Amba P.S. Case No. 149 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-1, Aurangabad/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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(Chandra Shekhar Jha, J)

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pooja/-

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U T

Kindev Prasad @ Kindeo Sah @ Kishandeo Prasad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Kindev Prasad @ Kindeo Sah @ Kishandeo 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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