Allowed

Ajay Kunwar v. The State of Bihar

Patna HC5 Apr 2023CR. MISC./2254/2023

Case brief

AI extract

What is this about?

The High Court at Patna enlarged petitioners Ajay Kunwar and Rustam Sai on bail in a case concerning the recovery of illegal liquor. The court directed the furnishing of a bail bond and an additional deposit by Ajay Kunwar.

What did the court decide?

Petitioners enlarged on bail by furnishing bond of Rs. 10,000 each with sureties; Ajay Kunwar to deposit Rs. 20,000 with Legal Services Authority.

Ajay Kunwar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2254 of 2023

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Arising Out of PS. Case No.-579 Year-2022 Thana- KESARIA District- East Champaran

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====================================================== Ajay Kunwar Son Of Indradeo Kunwar @ Indrajeet Kumar R/O VillageDilawarpur, P.S.- Kesariya, District- East Champaran

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

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

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with CRIMINAL MISCELLANEOUS No. 5579 of 2023

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Arising Out of PS. Case No.-579 Year-2022 Thana- KESARIA District- East Champaran

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====================================================== Rustam Sai @ Md. Rustam S/O Ahmad Sai R/O Village- Dilawarpur, P.S.Kesariya, Distt- East Champaran, Motihari.

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... ... Petitioner/S Versus

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The State Of Bihar

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... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 2254 of 2023) For the Petitioner/s : Mr.Brajesh Kumar Singh For the Opposite Party/s : Mr.Sanjay Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 5579 of 2023) For the Petitioner/s : Mr.Binoy Kumar For the Opposite Party/s : Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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2 05-04-2023 Heard learned counsel for the petitioners and

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learned APP for the State.

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The petitioners have prayed for bail in a case registered for the offence punishable under sections 272,

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273 of Indian Penal Code and Section 30(a) of the Bihar

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Patna High Court CR. MISC. No.2254 of 2023(2) dt.05-04-2023 2/4

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Prohibition and Excise Act.

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Prosecution case relates to recovery of 50.400

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litres of I.M.F.L. from an Alto car bearing registration number BR-01BT-6499 and 77.760 litres of I.M.F.L. from the bush.

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It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioners. There is no independent witness of the alleged seizure. The name of petitioner, namely, Rustam Sai @ Md. Rustam (Cr. Misc. No. 5579 of 2023) sprang

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up in this case on the confessional statement of petitioner, namely, Ajay Kunwar(Cr. Misc. No. 2254 of 2023), as his associate. Petitioner, namely, Rustam Sai @ Md. Rustam (Cr. Misc. No. 5579 of 2023) is not apprehended on spot. Moreover, Petitioners are languishing in judicial custody for more than 3 months.

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In contra, learned A.P.P. appearing on behalf of

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Patna High Court CR. MISC. No.2254 of 2023(2) dt.05-04-2023 3/4

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State vehemently opposed the prayer of bail and submitted that petitioner, namely, Ajay Kunwar (Cr. Misc. No. 2254 of 2023) was arrested on spot.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case,

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this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2, East Champaran, Motihari / concerned Court in connection with Kesariya P.S. Case No. 579 of 2022.

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The petitioner, namely, Ajay Kunwar(Cr. Misc. No. 2254 of 2023) is directed to deposit a sum of Rs. 20,000/-(Rupees Twenty Thousands) in the concerned District Legal Services Authority.

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The bail bond of the petitioner, namely, Ajay Kunwar(Cr. Misc. No. 2254 of 2023) shall be accepted

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Patna High Court CR. MISC. No.2254 of 2023(2) dt.05-04-2023 4/4

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by the learned Court below on showing receipt of deposit

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of Rs. 20,000/-(Rupees Twenty Thousands) in District

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Legal Services Authority of concerned District.

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(Sunil Kumar Panwar, J)

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nirajkrs/-

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U T

Ajay Kunwar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Kunwar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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