Allowed

Santosh Kumar v. The State of Bihar

Patna HC24 Jun 2022CR. MISC./7295/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner charged with offences under the Indian Penal Code and the Bihar Prohibition and Excise Act. The court considered the lack of specific injury details against police and the recovery of liquor from a co-accused, ordering the petitioner to be released on a bail bond of Rs. 10,000 with two sureties.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.

Santosh Kumar Vs The State of Bihar — Corruption | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7295 of 2022

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Arising Out of PS. Case No.-290 Year-2021 Thana- SAKRA District- Muzaffarpur

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

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Santosh Kumar Son of Ramnaresh Paswan @ Ram Naresh Sah Resident of Village - Itaha, P.S. - Sakra, District - Muzaffarpur.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Priyesh Kumar, Advocate. For the Opposite Party/s : Mr.Sucheta Yadav, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH 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 341, 323, 353, 147 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

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Allegedly 70 bottles of foreign liquor were recovered from the house of co-accused Vinay Kumar Das @ Bandhu and the petitioner is alleged to have created obstacle in the official duty of the police personnels.

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The main submissions advanced by learned counsel

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Patna High Court CR. MISC. No.7295 of 2022(2) dt.24-06-2022 2/2

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for the petitioner are that the alleged recovery of wine was not concerned to the petitioner and the same was recovered from the house of co-accused and in that seizure the petitioner was made a witness on seizure list which clearly appears from the seizure cum search list attached to the FIR and he is simply alleged to have obstacled in the official duty of the raiding party and except this there is no allegation against him.

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Learned APP has opposed the prayer for bail.

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In view of above submissions and considering the nature of allegation appearing against the petitioner and also the fact that more than 100 persons are alleged to have created obstacles in the official duty of the police personnel who raided the house of co-accused and there is no details of any injury having sustained by any of the police personnels, 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 Sakra P.S. case No. 290 of 2021.

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(Shailendra Singh, J)

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siddharthkr/- U T

Santosh Kumar v. The State of Bihar

Case brief

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Santosh Kumar v. The State of Bihar

Case brief

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