Allowed

Nishant Kumar Rai @ Nishu v. the State of Bihar

Patna HC3 May 2023CR. MISC./10947/2023

Case brief

AI extract

What is this about?

Petitioner sought regular bail in a Patepur PS case registered under Excise Act provisions after alleged recoveries of illicit liquor from vehicles. The High Court allowed the bail application, enlarging him on bonds of Rs. 10,000 with two sureties, subject to conditions including availability for interrogation and non-tampering.

What did the court decide?

Bail granted on furnishing bond of Rs. 10,000 with two sureties of like amount before the Special Excise and Prohibition Judge-II cum ADJ, Hajipur, with conditions.

Nishant Kumar Rai @ Nishu 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.10947 of 2023

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Arising Out of PS. Case No.-87 Year-2021 Thana- PATEPUR District- Vaishali

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Nishant Kumar Rai @ Nishu S/O Vijay Rai R/v- Mahaiya Malpur (Dilawarpur), P.S.- Patepur, District- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Singh For the Opposite Party/s : Mr.Kumar Ranjit Ranjan

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

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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 Patepur

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P. S. Case No. 87 of 2021, registered for the offences punishable under Sections 30(a), 32(II), 38(ii) and 41(i) of the Excise Act.

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As per allegation, 200 cartoons, 29 cartoons and 2 cartoons illicit liquor were recovered from a pick-up, bearing Registration No. BR31G-2171, a Tata Indigo ECS, bearing Registration No. BR-11U-3801 and a motor-cycle, respectively.

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Ld. counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.10947 of 2023(2) dt.03-05-2023 2/4

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petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner. He also submits that search and seizure has not been made as per the procedure as prescribed under Cr.P.C.

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He further submits that the petitioner has been languishing in jail since 24.12.2022.

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It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one more case.

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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, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties

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of the like amount each to the satisfaction of Ld. Exclusive

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Patna High Court CR. MISC. No.10947 of 2023(2) dt.03-05-2023 3/4

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Special Excise and Prohibition Judge – II cum Additional District and Sessions Judge, Hajipur, Vaishali at Hajipur, in connection with Patepur P. S. Case No. 87 of 2021 on the following conditions:

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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 criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that

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the petitioner has concealed his criminal antecedents despite

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Patna High Court CR. MISC. No.10947 of 2023(2) dt.03-05-2023 4/4

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his knowledge of the same.

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(v) In case, it is brought to the notice of the court

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below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the 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/-

Nishant Kumar Rai @ Nishu v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Nishant Kumar Rai @ Nishu v. the State of Bihar

Case brief

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What did the court decide?

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