Allowed

Karelal Yadav v. The State of Bihar

Patna HC10 May 2023CR. MISC./21078/2023

Case brief

AI extract

What is this about?

The Patna High Court allowed a bail petition filed by Karelal Yadav. The petitioner, accused of possessing country-made liquor, was to be released on furnishing a bond of ₹10,000 with two sureties upon specific conditions including availability for interrogation and non-interference with investigation.

What did the court decide?

The petitioner was enlarged on bail by furnishing a bond of ₹10,000 with two sureties of the like amount to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Katihar.

Karelal Yadav 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.21078 of 2023

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Arising Out of PS. Case No.-148 Year-2022 Thana- BALIA BELON District- Katihar

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

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Karelal Yadav S/O Mahendra Yadav Resident of Village- Khutia, Manshi, P.S.- Manshi, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sunil Prasad Singh, Advocate For the Opposite Party/s : Mr.Bharat Lal, 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 petitioner and

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learned APP for the State.

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The petitioner seeks bail in connection with Balia Belon P.S. Case No. 148 of 2022, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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As per allegation, from an auto rickshaw, total 191.7 litres of country made liquor were recovered. The petitioner was arrested from the spot.

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Learned counsel for the petitioner submits that the

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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.21078 of 2023(2) dt.10-05-2023 2/4

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from the conscious possession of the petitioner. He also submits that the petitioner was only a passenger and has no concern with the alleged vehicle.

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He further submits that the petitioner has been languishing in jail since 26.11.2022.

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

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Considering the aforesaid facts and circumstances, this application is allowed , directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of 10,000/- (Ten Thousand) with two sureties of₹ the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.1, Katihar, in connection with Balia Belon P.S. Case No. 148 of 2022, on the following conditions:

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Patna High Court CR. MISC. No.21078 of 2023(2) dt.10-05-2023 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, learned 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, learned court below shall cancel the bail bonds of the

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Patna High Court CR. MISC. No.21078 of 2023(2) dt.10-05-2023 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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Amrendra/-

Karelal Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Karelal Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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