Allowed

Sumit Kumar v. The State of Bihar

Patna HC10 May 2023CR. MISC./20693/2023

Case brief

AI extract

What is this about?

The Patna High Court allowed an application for bail filed by Sumit Kumar and Suman Kumar, who were charged under the Bihar Prohibition and Excise (Amendment) Act, 2018, for alleged involvement in smuggling Indian Made Foreign Liquor. The court directed their enlargement on bail subject to four sureties and imposed conditions regarding their availability and non-interference with the investigation

What did the court decide?

Petitioners directed to be enlarged on bail by furnishing bonds of Rs. 10,000/- each with two sureties of the like amount each, on specified conditions.

Sumit Kumar Vs The State of Bihar — Cheque Dishonour | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20693 of 2023

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Arising Out of PS. Case No.-3 Year-2023 Thana- CHEWARA District- Sheikhpura

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

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Sumit Kumar Son of Umesh singh R/V- Gangar, P.S- Gidhaur, Dist- Jamui

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Suman Kumar son of Mithilesh Kumar R/V- Keshopur, P.S- Kaka, DistJamui

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... ... petitioners/s

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Versus

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The State of Bihar

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... ... Opposite Party/s

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

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For the petitioners/s : Mr. Fahad Khurshid, Advocate For the Opposite Party/s : Mr.Arvind Kumar Pandey (APP) ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 10-05-2023

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Heard learned counsel for the petitioners and

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learned APP for the State.

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The petitioners seek bail in connection with Chewara P.S. Case No. 03 of 2023, registered for the offences punishable under Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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As per allegation, from a truck and a car, total

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811.125 litres of Indian Made Foreign Liquor has been seized. It is alleged that the petitioners were the driver and co-rider of the alleged car.

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Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated

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Patna High Court CR. MISC. No.20693 of 2023(2) dt.10-05-2023 2/4

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in this case. He further submits that nothing has been recovered from the conscious physical possession of the petitioners. He also submits that the petitioners were the driver of co-rider of the alleged car and they were not aware of the contents of the material loaded in the alleged car.

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He further submits that the petitioners have been languishing in jail since 11.01.2023.

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

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

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However, learned APP for the State vehemently opposes the prayer of the petitioners for bail.

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Considering the aforesaid facts and circumstances,

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this application is allowed , directing the petitioners, above- named, to be enlarged on bail on their furnishing bail bonds in the sum of 10,000/- (Ten Thousand) each with₹

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two sureties of the like amount each to the satisfaction of

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Patna High Court CR. MISC. No.20693 of 2023(2) dt.10-05-2023 3/4

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learned Exclusive Special Excise Judge, Sheikhpura, in connection with Chewara P.S. Case No. 03 of 2023, on the following conditions:

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(i) The petitioners will make themselves available for interrogation by a police officer/court as and when required.

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(ii) The petitioners will undertake that

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

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(iii) The petitioners 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 them 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 petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite

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Patna High Court CR. MISC. No.20693 of 2023(2) dt.10-05-2023 4/4

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their 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, learned court below shall cancel the bail bonds of the petitioners.

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

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Ld. counsel for the petitioners 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 the order only after removal of office objections.

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(Jitendra Kumar, J)

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Amrendra/-

Sumit Kumar v. The State of Bihar

Case brief

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Sumit Kumar v. The State of Bihar

Case brief

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