Allowed

Akshay Kumar v. The State of Bihar

Patna HC16 Dec 2022CR. MISC./66945/2022

Case brief

AI extract

What is this about?

Single judge order granting anticipatory bail to petitioner apprehending arrest in a case under IPC 120B and Bihar Prohibition and Excise Act, allowing bail upon deposit of security and furnishing a bond with specific conditions regarding sureties and future conduct.

What did the court decide?

Bail granted upon furnishing a bond of Rs. 25,000/- with two sureties, deposit of the sum in the LSA account, and fulfilling conditions regarding sureties and future conduct.

Akshay 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.66945 of 2022

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Arising Out of PS. Case No.-107 Year-2021 Thana- AMBA District- Aurangabad

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

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AKSHAY KUMAR S/o Dhananjay Singh R/o Village- Amilauna, P.S.- Obra, Distt- Aurangabad.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Leelawati Kumari For the Opposite Party/s : Mr Dilip Kumar No.1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 16-12-2022

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 120B of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

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Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 60 liters of country-made liquor is said to have recovered from the motorcycle of the petitioner. He submits that the real fact is that co-accused, namely, Sujit Kumar Singh has taken the seized motorcyle of the petitioner for his sister’s treatment at Sadar Hospital, Aurangabad later on the said co-accused person has been

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Patna High Court CR. MISC. No.66945 of 2022(2) dt.16-12-2022 2/3

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apprehended by the police along with motor-cyle. He submits that petitioner is the owner of the said motor-cycle, therefore, he has made accused in this case. He further submits that petitioner have got no criminal antecedent as stated 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 account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

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Considering the facts and circumstance of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond 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 Amba P.S. Case No. 107 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

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(1) that one of the bailors will be a close relative of

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Patna High Court CR. MISC. No.66945 of 2022(2) dt.16-12-2022 3/3

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the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

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(II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of 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 the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

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(Anjani Kumar Sharan, J)

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ajay/-

Akshay Kumar v. The State of Bihar

Case brief

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Akshay Kumar v. The State of Bihar

Case brief

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