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Suman Kumar Singh @ Doctor v. The State of Bihar

Patna HC20 Apr 2023CR. MISC./8623/2023

Case brief

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What is this about?

This judgment grants anticipatory bail to the petitioner in a case involving recovery of liquor. The petitioner was apprehending arrest and relied on a Supreme Court order regarding conditional bail. The court directed release upon fulfillment of bond conditions and surrender within twelve weeks.

What did the court decide?

Anticipatory bail granted on furnishing bonds of Rs. 10,000 with two sureties, subject to conditions in Section 438(2) Cr.P.C., provided surrender occurs within twelve weeks.

Suman Kumar Singh @ Doctor 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.8623 of 2023

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Arising Out of PS. Case No.-649 Year-2022 Thana- SAHAYAK NAGAR District- Katihar

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

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SUMAN KUMAR SINGH @ DOCTOR Son of Shivjee Singh R/o Bari Bathna, P.S.- Mansahi, Dist- Katihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 20-04-2023

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is apprehending his arrest in a case registered under Section 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 80 liters wine is recovered.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 80 liters wine is recovered from two different motorcycles. None of the vehicles in question belongs to the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the coaccused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing

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Patna High Court CR. MISC. No.8623 of 2023(2) dt.20-04-2023 2/2

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incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.2022 passed by the Hon’ble Supreme Court in Criminal Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Exclusive Excise Court No. 2, Katihar in connection with Katihar Sahayak P.S. case No. 649 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Pankaj/-

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U T

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(Sudhir Singh, J)

Suman Kumar Singh @ Doctor v. The State of Bihar

Case brief

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Suman Kumar Singh @ Doctor v. The State of Bihar

Case brief

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