Allowed

Rakesh Kumar v. The State of Bihar

Patna HC11 Aug 2023CR. MISC./51647/2023

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the petitioner apprehending arrest in a liquor offence case pending at Chanan P.S. The bail was conditioned on furnishing sureties and adhering to specific directions regarding the bailor and address changes within six weeks.

What did the court decide?

Petitioner released on anticipatory bail subject to conditions and issuance of bail bonds totaling Rs. 25,000/- with two sureties of like amount.

Rakesh Kumar 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.51647 of 2023

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Arising Out of PS. Case No.-43 Year-2019 Thana- CHANAN District- Lakhisarai

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

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RAKESH KUMAR S/O JAGDISH YADAV R/O Village- J.P. Hospital, Panch Mandir Road, Near Eklavya College, Bodhwan Talab, Jamui, P.S- Jamui, Distt.- Jamui.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Sinha, Adv. For the Opposite Party/s : Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 11-08-2023

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Heard learned counsel for the petitioner and learned APP

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for the State.

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Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a), 38(1)(2), 41 of the Bihar Prohibition and Excise Act.

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Altogether 1100 ml. of forign liquor is said to have been recovered from the Santro car of the petitioner and driver was apprehended from the spot.

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Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious

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Patna High Court CR. MISC. No.51647 of 2023(3) dt.11-08-2023 2/3

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physical possession. He has no concern either with the seized liquor or any trade of liquor. Though the petitioner is the owner of the said car but the same was used to be driven by the driver, who went in a marriage ceremony on fare and in the way the vehicle was seized. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

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Petitioner is agreed to deposit a sum of Rs.10,000.00/(Rupees Ten Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

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Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Chanan P.S. Case No.43 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

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(i) That one of the bailors will be a close relative of

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Patna High Court CR. MISC. No.51647 of 2023(3) dt.11-08-2023 3/3

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the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

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(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

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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 Patna High Court Legal Services Committee.

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(Anjani Kumar Sharan, J)

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pallavi/-

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U T

Rakesh Kumar v. The State of Bihar

Case brief

What is this about?

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Rakesh Kumar v. The State of Bihar

Case brief

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