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Sunil Kumar v. The State of Bihar

Bail – Bihar Prohibition and Excise Act – Section 30(a)

Patna HC21 Feb 2024CR. MISC./10339/2024

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What is this about?

Regular bail granted under Bihar Prohibition and Excise Act, Section 30(a); Yadopur P.S. Case No. 312 of 2023; Gopalganj district; recovery of 45 liters liquor from roadside bushes before petitioner's house; contention of non-compliance of Section 100 Cr.P.C.; custody since 25.12.2023 with two criminal antecedents; bail bond Rs. 10,000 with two like sureties; CR. MISC. No.10339 of 2024; Justice Rudra Prakash Mishra; order dated 21-02-2024.

What did the court decide?

Bail granted to the petitioner on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Yadopur P.S. Case No. 312 of 2023. ¶21

Sunil Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10339 of 2024

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Arising Out of PS. Case No.-312 Year-2023 Thana- YADOPUR District- Gopalganj

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Sunil Kumar, Son of Late Ratan Prasad, Village- Bangari, P.S.- Yadopur, DistGopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 21-02-2024

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

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The petitioner seeks bail in Yadopur P.S. Case No. 312 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that, 45 liters liquor was recovered from road side bushes in front of the house of the petitioner.

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Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 25.12.2023 and has got two criminal antecedents and in all cases the petitioner is on

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Patna High Court CR. MISC. No.10339 of 2024(2) dt.21-02-2024 2/2

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bail. There is no compliance of Section 100 of Cr.P.C.

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Learned APP for the State has vehemently opposed

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the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Yadopur P.S. Case No. 312 of 2023.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

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U T

Sunil Kumar v. The State of Bihar

Case brief

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Sunil Kumar v. The State of Bihar

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