Disposed

Praveen Singh v. the State of Bihar

Patna HC15 Jun 2023CR. MISC./37206/2023

Case brief

AI extract

What is this about?

Petitioner sought bail in an excise case involving recovery of 351.51 litres of foreign liquor from a Scorpio he allegedly drove. Considering his clean antecedents and custody period, the Patna High Court granted bail with conditions including trial co-operation and no evidence tampering.

What did the court decide?

Bail granted: release on Rs. 10,000 bond with two sureties of like amount to Special Judge, Excise, Patna, subject to stated conditions.

Praveen Singh 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.37206 of 2023

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Arising Out of PS. Case No.-142 Year-2023 Thana- GANDHIMAIDAN District- Patna

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

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PRAVEEN SINGH SON OF AJIT SINGH RESIDENT OF VILLAGE - PACHBENIYA, P.S. - ASAO, DISTRICT - SIWAN

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR, PATNA

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... ... Opposite Party/s

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

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For the Petitioner/s : Mr.Mukesh Kumar No1 For the Opposite Party/s : Mr.Uday Pratap Singh

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

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 14-06-2023

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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 Gandhi Maidan P.S. Case No. 142 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

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As per prosecution case, there is alleged recovery of 351.51 liters foreign liquor from the Scorpio in question. Petitioner being the driver of the Scorpio apprehended on spot.

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Learned counsel for the petitioner submits that petitioner is in custody since 25.02.2023. Petitioner bears no criminal antecedent. Learned counsel further submits that the petitioner is innocent and has committed no offence as alleged in the F.I.R. Nothing has been recovered from the conscious

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Patna High Court CR. MISC. No.37206 of 2023(2) dt.14-06-2023 2/3

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possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C.

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The learned A.P.P. for the State vehemently

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opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case as well as period of custody, keeping in view clean antecedent of the petitioner 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 Special Judge, Excise, Patna in connection with Gandhi Maidan P.S. Case No. 142 of 2023, 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 the affidavit in bail application.

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

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Patna High Court CR. MISC. No.37206 of 2023(2) dt.14-06-2023 3/3

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move for cancellation of bail.

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(Alok Kumar Pandey, J)

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amitkr/-

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U T

Praveen Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Praveen Singh v. the State of Bihar

Case brief

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