Allowed

Amarjeet Kumar v. the State of Bihar

Patna HC3 May 2023CR. MISC./10848/2023

Case brief

AI extract

What is this about?

This order grants bail to the petitioner in an excise case involving liquor recovery. The court directed the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and listed standard conditions for investigation cooperation and non-repetition of offence.

What did the court decide?

Enlargement on bail in sum of Rs. 10,000 with two sureties of like amount each to the satisfaction of the Excise Court.

Amarjeet Kumar Vs the State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10848 of 2023

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Arising Out of PS. Case No.-354 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali

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

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Amarjeet Kumar S/O Late Hemant Rai R/v- Diwantok, P.S.- Ganga Bridge, District- Vaishali

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Md. Soban Asghar For the Opposite Party/s : Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 03-05-2023

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Heard Ld. counsel for the petitioner and Ld. APP

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for the State.

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The petitioner seeks bail in connection with Excise

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P. S. Case No. 354 of 2022, registered for the offences punishable under Sections 30(a), 32(i), 32(3), 41(i) and 41(2) of the Bihar Prohibition and Excise Act.

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As per allegation, 300 litres of liquor was

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recovered from a Tempo bearing Registration No. BR 06CD7450.

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Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered

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Patna High Court CR. MISC. No.10848 of 2023(2) dt.03-05-2023 2/4

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from the conscious possession of the petitioner. He also submits that no independent witness has supported the allegation levelled against the petitioner.

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He further submits that the petitioner has been languishing in jail since 25.11.2022.

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It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

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However, Ld. APP for the State vehemently

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opposes the prayer of the petitioner for bail.

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Considering the aforesaid facts and circumstances,

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this application is allowed , directing the petitioner, above-

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named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Excise Court No. 2^nd Vaishali at Hajipur, in connection with Excise P. S. Case No. 354 of 2022, on the following conditions:

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Patna High Court CR. MISC. No.10848 of 2023(2) dt.03-05-2023 3/4

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(i) The petitioner will make himself available for

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interrogation by a police officer/court as and when required.

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(ii) The petitioner will undertake that

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investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

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(iii) The petitioner shall not, directly or indirectly

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make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

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(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the

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Patna High Court CR. MISC. No.10848 of 2023(2) dt.03-05-2023 4/4

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petitioner.

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(vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the court below.

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Ld. counsel for the petitioner is directed to remove

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all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

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(Jitendra Kumar, J)

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skm/-

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Amarjeet Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Amarjeet Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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