Allowed

Anuj Kumar v. The State of Bihar

Patna HC21 Aug 2023CR. MISC./9189/2023

Case brief

AI extract

What is this about?

This grant anticipatory bail to the petitioner in an excise offence case. The court noted the petitioner was not named in the FIR and no liquor found in his possession, allowing release on bail bond with Rs 10000 deposit. Plus two specifies.

What did the court decide?

Released on bail pending arrest or surrender within six weeks, subject to bond of Rs. 25,000 with two sureties and specific conditions.

Anuj Kumar 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.9189 of 2023

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Arising Out of PS. Case No.-141 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai

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

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Anuj Kumar Son Of Late Nageshwar Sharma R/V- Majhiyama P.S- Kajra, Dist- Lakhisarai

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 21-08-2023

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30 (a), 32, 41, 56(a), 56(b) of the Bihar Excise Prohibition Amendment Act.

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Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 16 liters of country made liquor is said to have recovered from the hand of the accused person kept in a plastic tied by Gamachha . He submits that the petitioner was not named in the F.I.R. He further submits that

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Patna High Court CR. MISC. No.9189 of 2023(3) dt.21-08-2023 2/3

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alleged liquors were seized from the hand of the arrested person, Subash Mandal, who was sitting on the alleged motorcycle. The petitioner has no criminal antecedent as stated in para-3 of the bail application.

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Petitioner is agreed to deposit a sum of Rs.10,000/(Rupees Ten Thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

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Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 the learned Court below where the case is pending/successor Court in connection with Excise Case No.141C2 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:

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

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Patna High Court CR. MISC. No.9189 of 2023(3) dt.21-08-2023 3/3

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the petitioner, who will give an affidavit giving genealogy as to who 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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(2) That the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of 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 account of Patna High Court Legal Services Committee, Patna.

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(Anjani Kumar Sharan, J)

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anand/- U T

Anuj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anuj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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