Allowed

Amit Kumar @ Amit Rai @ Balram v. the State of Bihar

Patna HC13 Jul 2022CR. MISC./7444/2022

Case brief

AI extract

What is this about?

In Criminal Miscellaneous No.7444 of 2022, the Patna High Court granted bail to the petitioner arrested in a liquor case. Release was conditioned on a bond of Rs. 10,000 with two sureties of equal amount, ensuring court attendance and non-tampering with evidence.

What did the court decide?

Release of the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount subject to conditions of court attendance and non-tampering.

Amit Kumar @ Amit Rai @ Balram Vs the State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7444 of 2022

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Arising Out of PS. Case No.-113 Year-2021 Thana- BUDDHACOLONY District- Patna

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

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AMIT KUMAR @ AMIT RAI @ BALRAM S/o Dilip Rai @ Lal Babu R/o Mohalla- Chakaram, P.S.- Buddha Colony, District- Patna

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Nirmal Kumar, Adv. For the Opposite Party/s : Mr.Gauri Shankar Gupta, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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5 13-07-2022

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Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner seeks bail in a case registered for the offence under Sections 272 and 273 of Indian Penal Code and Sections 30(a) and 38 of the Bihar Excise and Prohibition Amendment Act.

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Recovery is of 36 liters of foreign liquor and 15 liters of Desi Chulai liquor.

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Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that according to the FIR 36 liters of foreign liquor as well as 15 liters of desi chulai liquor has been recovered from the house of

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Patna High Court CR. MISC. No.7444 of 2022(5) dt.13-07-2022 2/3

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petitioner, but nothing has been recovered from the conscious possession of the petitioner. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner on 11.06.2021. The petitioner is rotting in judicial custody since 11.06.2021.

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Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries seven more cases other than the present one.

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Considering the facts and circumstances of the case, let the, above named, 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 learned Court below where the case is pending in connection with Buddha Colony P.S. Case No. 113 of 2021 with 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 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

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(2) If the petitioner tampers with the evidence or

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Patna High Court CR. MISC. No.7444 of 2022(5) dt.13-07-2022 3/3

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the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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aditi/-

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Amit Kumar @ Amit Rai @ Balram v. the State of Bihar

Case brief

What is this about?

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Amit Kumar @ Amit Rai @ Balram v. the State of Bihar

Case brief

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