Allowed

Braj Bhushan Deva @ Nandu Babu @ Brajbhushan Deva v. The State of Bihar

Patna HC20 Jan 2023CR. MISC./2933/2023

Case brief

AI extract

What is this about?

In an anticipatory bail application, the High Court of Patna granted bail to the petitioner in an excise case involving liquor recovery from an orchard he did not control. The petitioner was ordered to deposit money in the PM Cares fund and furnish a bond with two sureties, one being a blood relative.

What did the court decide?

Petitioner granted bail conditioned on deposit of Rs. 10,000 in PM Cares fund and furnishing bail bond of Rs. 25,000 with two sureties within six weeks.

Braj Bhushan Deva @ Nandu Babu @ Brajbhushan… — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2933 of 2023

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Arising Out of PS. Case No.-167 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai

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

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BRAJ BHUSHAN DEVA @ NANDU BABU @ BRAJBHUSHAN DEVA Son of Late chandra Bhushan Deva R/V- Ulaw, Ward no. 3, P.S- Muffasil (Singhaul O.P) Dist- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandan Kumar Kashyap For the Opposite Party/s : Mr. Nand Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 20-01-2023

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Heard learned counsel for the petitioner and

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learned A.P.P. for the State through virtual Court proceedings.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

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It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 549 liters of foreign liquor is said to have been recovered from the orchard of the petitioner. As a matter of fact, the said orchard was given to one Sunil Sah under and agreement and the said agreement has been annexed as Annexure-2 to this application. It is further submitted that orchard is an open place and easily

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Patna High Court CR. MISC. No.2933 of 2023(2) dt.20-01-2023 2/3

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accessible to anyone. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

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Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Excise Case No. 167 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

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Patna High Court CR. MISC. No.2933 of 2023(2) dt.20-01-2023 3/3

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(1) One of the bailors will be his own blood relative,

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preferably, father, mother, brother, sister and/or his wife.

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(2) The petitioner shall not indulge himself in any

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similar offence till conclusion of the trial.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the PM Cares fund.

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(Anjani Kumar Sharan, J)

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Trivedi/-

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U T

Braj Bhushan Deva @ Nandu Babu @ Brajbhushan Deva v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Braj Bhushan Deva @ Nandu Babu @ Brajbhushan Deva v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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