Allowed

Jai Prakash Poddar @ Prakash Poddar v. The State of Bihar

Patna HC1 Nov 2023CR. MISC./48548/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case involving storage and sale of illicit liquor and explosives. The court deemed it appropriate given the petitioner's absence from the residence and lack of criminal antecedents.

What did the court decide?

Petitioner released on anticipatory bail within four weeks by filing a bond of Rs. 10000/- with two sureties.

Jai Prakash Poddar @ Prakash Poddar 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.48548 of 2023

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Arising Out of PS. Case No.-301 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai

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

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JAI PRAKASH PODDAR @ PRAKASH PODDAR Son of Late Ramdeo Poddar Resident of Village - Chhoti Eghu, P.s.- Mufassil, District - Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sarvottam Kumar For the Opposite Party/s : Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 01-11-2023

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Heard the parties.

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The petitioner apprehends his arrest in connection

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with Mufassil P.S. Case No. 301 of 2019 dated 16.06.2019 registered under Sections 414, 34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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As per the First Information Report the coaccused / Kanhaiya Kumar allegedly stored and was selling liquor from the house of the petitioner where the petitioner was not residing. A total quantity of 834.750 liters of liquor has been recovered.

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Learned counsel for the petitioner submits that from perusal of the F.I.R. it would be evident that the co-accused / Kanhaiya Kumar, who was having criminal

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Patna High Court CR. MISC. No.48548 of 2023(3) dt.01-11-2023 2/3

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antecedent of similar nature of offence, was using the house of the petitioner, which was abandoned, for the purpose of sale of illicit liquor. He further submits that petitioner is not residing in his village house and has been earning his livelihood by plying school van at Begusarai for the last several years. The petitioner was not aware about the illicit liquor being kept by the co-accused in his house. The house in question is a thatched house and can be accessed by the villagers. The petitioner is having no criminal antecedent as has been stated in paragraph no. 3 of this application.

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On the other hand, learned counsel for the State submits that two motorcycles and money has been recovered from the house of the co-accused / Kanhaiya Kumar, who is having criminal antecedent also and the premises of the petitioner was being used by him.

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Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is not residing in his house and was not present at the time of recovery of illicit liquor, petitioner is having no criminal antecedent and he is earning his livelihood at a different place, as such, I am inclined to grant anticipatory bail to the petitioner.

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Let the petitioner, above named, be released on

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Patna High Court CR. MISC. No.48548 of 2023(3) dt.01-11-2023 3/3

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anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J.-II cum Exclusive Special Excise Judge, Begusarai in connection with Mufassil P.S. Case No. 301 of 2019 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Jai Prakash Poddar @ Prakash Poddar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jai Prakash Poddar @ Prakash Poddar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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