Allowed

Rajkumar Yadav v. The State of Bihar

Patna HC16 May 2023CR. MISC./27063/2023

Case brief

AI extract

What is this about?

Oral order granting bail to the petitioner in a liquor smuggling case. The court considered the clean antecedent, charge sheet submission, and lack of likelihood of tampering. Bail was granted with cash bond and conditions to cooperate in trial.

What did the court decide?

Petitioner released on bail by furnishing Rs. 10,000 bond with two sureties of Rs. 10,000 each to the Additional Session Judge II-cum-Special Judge Excise-1 Gopalganj.

Rajkumar Yadav 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.27063 of 2023

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Arising Out of PS. Case No.-919 Year-2022 Thana- GOPALGANJ TOWN District-

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Gopalganj

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

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RAJKUMAR YADAV Son of Sudarshan Yadav @ Sudarshan Chaudhary R/V- Mathiya Dayaram, Nechwa Jalapur (Jalalpur) PS- Kuchaikot, DistGopalganj

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 16-05-2023

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner seeks bail in connection with Gopalganj P.S. Case No. 919 of 2022 registered for the offences punishable under Section 414 of the IPC and Sections 30(a) and 41(i) of the Bihar Prohibition and Excise (Amendment) Act , 2018.

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As per prosecution case, there is alleged recovery of 214.86 litre foreign liquor from the swift car in question. Apprehended co-accused disclosed the name of present petitioner and others who are involved in the business of illicit liquor.

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Learned counsel for the petitioner submits that

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Patna High Court CR. MISC. No.27063 of 2023(2) dt.16-05-2023 2/3

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petitioner is in custody since 14.11.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is not apprehended on spot. He further submits that petitioner is quiet innocent and has falsely been implicated in the case.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge II-cum-Special Judge Excise-1 Gopalganj in connection with Gopalganj P.S. Case No. 919 of 2022, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

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Patna High Court CR. MISC. No.27063 of 2023(2) dt.16-05-2023 3/3

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the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will

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remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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vashudha/-

Rajkumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajkumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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