Allowed

Aman Kumar @ Aman Kumar Singh v. the State of Bihar

Patna HC7 Dec 2023CR. MISC./44380/2023

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a case involving recovery of illegal foreign liquor from a pick-up van under IPC Sections 272, 273/34 and Section 30(a) of the Bihar Prohibition and Excise Act. Court released him on furnishing bail bond with two sureties, subject to CrPC Section 438(2) conditions and deposit to Mahavir Cancer Sansthan.

What did the court decide?

Release on anticipatory bail on bail bond of Rs. 25,000 with two sureties, subject to Section 438(2) CrPC conditions, blood-relative bailor, no similar offences, and deposit of Rs. 10,000 to Mahavir C

Aman Kumar @ Aman Kumar Singh Vs the State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44380 of 2023

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Arising Out of PS. Case No.-381 Year-2022 Thana- SHAHPUR PATORI District- Samastipur

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

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Aman Kumar @ Aman Kumar Singh Son Of Pramod Singh Resident Of Village Bishanpur, P.S.- Mohiuddin Nagar, District- Samastipur

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... ... Petitioner/s Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jai Vardhan Narayan For the Opposite Party/s : Ms. Sangeeta Sharma ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 07-12-2023

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Heard learned learned counsel for the petitioner and

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learned APP for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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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 475.58 litres of illegal foreign liquor is said to have been recovered from Pick-up-Van. 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

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Patna High Court CR. MISC. No.44380 of 2023(3) dt.07-12-2023 2/3

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has no criminal antecedent as mentioned in para-2 of this application. One of the co-accused has namely Mukesh Sah has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 21.04.2023 passed in Cr. Misc. No. 10771 of 2023.

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Petitioner is agreed to deposit a sum of Rs. 10,000 (Rupees Ten Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No. 3332964762, Central Bank of India, Chitkohra Branch, IFSC Code: CBIN0282779 (fifth character is zero), MICR Code : 800016018.

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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 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 Shahpur Patori P.S. Case No. 381 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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(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

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(ii) The petitioner shall not indulge himself in any

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Patna High Court CR. MISC. No.44380 of 2023(3) dt.07-12-2023 3/3

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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

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the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan.

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(Anjani Kumar Sharan, J)

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Ranjeet/-

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U T

Aman Kumar @ Aman Kumar Singh v. the State of Bihar

Case brief

What is this about?

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Aman Kumar @ Aman Kumar Singh v. the State of Bihar

Case brief

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