Allowed

Krishna Kumar v. The State of Bihar

Patna HC20 Jan 2023CR. MISC./56174/2022

Case brief

AI extract

What is this about?

The High Court at Patna granted bail to the petitioner in a case involving the Bihar Prohibition and Excise Act, 2022, directing furnishing of bail bonds and sureties and stipulating conditions regarding interrogation and conduct.

What did the court decide?

Enlargement of the petitioner on bail by furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each, subject to specific conditions.

Krishna Kumar 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.56174 of 2022

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Arising Out of PS. Case No.-377 Year-2022 Thana- SHASTRINAGAR District- Patna

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

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Krishna Kumar, S/O Late Rajendra Mochi Resident Of Village- Tegharaila, P.S.- Naubatpur, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Jain For the Opposite Party/s : Mr. Md. Iftekhar Mahmood ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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3 20-01-2023

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Heard Ld. counsel for the petitioner and Ld. APP

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for the State.

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The petitioner seeks bail in connection with

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Shastrinagar P. S. Case No. 377 of 2022 (Special Case No. 3694 of 2022), registered for the offences punishable under Sections 30(a), 32(ii), 36 and 42(ii) of the Bihar Prohibition

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and Excise Act, 2022.

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As per allegation, 90 litres of liquor was recovered

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from an open place.

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Ld. counsel for the petitioner submits that the

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petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered

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Patna High Court CR. MISC. No.56174 of 2022(3) dt.20-01-2023 2/4

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from the conscious possession of the petitioner. He also submits that from the seizure list, it is clear that the liquor was recovered from an open space and the petitioner has been implicated in this case only on the basis of suspicion.

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He further submits that the petitioner has been languishing in jail since 01.07.2022.

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It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one more case.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

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However, Ld. APP for the State vehemently

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opposes the prayer of the petitioner for bail.

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Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Special Judge, Excise, Patna, in connection with Shastrinagar P. S.

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Patna High Court CR. MISC. No.56174 of 2022(3) dt.20-01-2023 3/4

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Case No. 377 of 2022 (Special Case No. 3694 of 2022), on the following conditions:

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(i) The petitioner will make himself available for

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interrogation by a police officer/court as and when required.

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(ii) The petitioner will undertake that

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investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

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(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

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(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(v) In case, it is brought to the notice of the court

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Patna High Court CR. MISC. No.56174 of 2022(3) dt.20-01-2023 4/4

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below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.

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Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

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(Jitendra Kumar, J)

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skm/-

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U T

Krishna Kumar v. The State of Bihar

Case brief

What is this about?

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Krishna Kumar v. The State of Bihar

Case brief

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