Allowed

Rahul Kumar v. The State of Bihar

Patna HC24 Jun 2022CR. MISC./7262/2022

Case brief

AI extract

What is this about?

Petitioner sought regular bail in a liquor smuggling case. Court granted bail directing release upon furnishing bond and satisfying conditions including cooperation in trial and presence at court. Bail subject to verification of antecedents by trial court.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties subject to four conditions including cooperation in trial and verification of antecedents.

Rahul Kumar Vs The State of Bihar — Labour and Industrial Disputes | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7262 of 2022

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Arising Out of PS. Case No.-518 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur

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Rahul Kumar Son Of Ramadhar Sahni Resident Of Village- Nirpur, P.S.Sahebganj, District- Muzaffarpur

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Priyesh Kumar, Advocate. For the Opposite Party/s : Mr.Ashok Kumar Singh, APP.

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

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH

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ORAL ORDER

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2 24-06-2022

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The learned counsel for the petitioner is directed to

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remove all the defects pointed out by the Stamp Reporter within one month.

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Heard learned counsel for the petitioner and the learned APP for the State through video conferencing.

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Petitioner seeks regular bail in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

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Allegedly from the shop of co-accused namely Sunil Kumar 26 liters country made wine kept in a plastic gallon was recovered and the petitioner and some other co-accused persons were arrested at the spot.

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The main submissions advanced by learned counsel

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Patna High Court CR. MISC. No.7262 of 2022(2) dt.24-06-2022 2/3

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for the petitioner are that the alleged shop from where the alleged wine was recovered belongs to co-accused Sunil Kumar and the petitioner is simply alleged to be present at the shop except this there is no allegation against him and the said shop keeper namely Sunil Kumar has been granted bail by a coordionation bench of this Court vide order passed in Cr. Misc. No. 1832 of 2022 and the petitioner has got no criminal antecedent and languishing in jail since 26.11.2021.

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Learned APP has opposed the prayer for bail.

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In view of above submissions and considering petitioner’s custody period and the nature of allegation appearing against him and also considering the fact that the main accused namely Sunil Kumar has been granted regular bail by a co-ordinate bench of this Court vide order passed in above mentioned Cr. Misc.,, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Sahebganj P.S. case No. 518 of 2021 on the following conditions:-

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(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the

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Patna High Court CR. MISC. No.7262 of 2022(2) dt.24-06-2022 3/3

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Court below and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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(2) If the petitioner tempers 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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(3) One of the bailers shall be close relative of the petitioner who has sworn affidavit in this miscellaneous petition.

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(4) The Court below will verify the criminal antecedent of the petitioner but acceptance of bail bond will not be delayed on account of process of verification of the criminal antecedent. If any criminal antecedent of the petitioner is found then the Court below shall take serious action against him for cancellation of his bail bond.

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(Shailendra Singh, J)

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siddharthkr/-

Rahul Kumar v. The State of Bihar

Case brief

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Rahul Kumar v. The State of Bihar

Case brief

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