Disposed

Bicky Safi v. The State of Bihar

Patna HC5 May 2023CR. MISC./5447/2023

Case brief

AI extract

What is this about?

This order deals with a petition for pre-arrest bail in cases concerning the manufacture and sale of foreign liquors. The court directed the session court to verify vehicle ownership and the petitioner's criminal antecedents before granting bail subject to a bond.

What did the court decide?

Directed the court below to investigate vehicle ownership and criminal antecedents; bail to be granted within four weeks if conditions are met, subject to a bond of Rs. 25,000 and two sureties.

Bicky Safi Vs The State of Bihar — Money Laundering | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5447 of 2023

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Arising Out of PS. Case No.-79 Year-2022 Thana- PANDAUL District- Madhubani

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Bicky Safi, Sex-M, age about-23 years, Son of Sandeep Safi, Resident of village - Budhan Jha Tola, Pandaul, P.S.- Pandaul, Dist.- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P.

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

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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3 05-05-2023

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Heard Mr. Bhavesh Kumar Sah, learned counsel

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appearing on behalf of the petitioner and Mr. Rajendra Prasad Nat, learned APP for the State.

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The petitioner seeks pre-arrest bail in connection with Pandaul P.S. Case No. 79 of 2022 dated 02.05.2022 registered for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30 (a), 36, 38 and 41 (1) of the Bihar Prohibition and Excise Act as amended up-todate.

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As per the FIR and seizure list altogether 4860 litres of foreign liquors was recovered from a truck bearing Registration No. RJ-18-GA-7101 and Chassis No. MAT466422DSF27699.

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Learned counsel appearing on behalf of the

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Patna High Court CR. MISC. No.5447 of 2023(3) dt.05-05-2023 2/3

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petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. No recovery was made from the possession of the petitioner. The petitioner has clean antecedent and to that effect he has made a specific statement in paragraph no. 3 of the bail application.

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Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

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The Court below is directed to obtain report with respect to the ownership of the seized vehicle on the basis of Registration Number as well as Chassis Number and Engine Number. If it is found that the seized vehicle is not registered in the name of the petitioner in that case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four 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 2^nd Addl. Sessions Judge cum Special Judge, Excise Act, Madhubani in connection with Pandaul P.S. Case No. 79 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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7. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the

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Patna High Court CR. MISC. No.5447 of 2023(3) dt.05-05-2023 3/3

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petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically.

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(Purnendu Singh, J)

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Niraj/-

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U T

Bicky Safi v. The State of Bihar

Case brief

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Bicky Safi v. The State of Bihar

Case brief

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