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Sunil Kumar v. The State of Bihar

Patna HC11 Mar 2024CR. MISC./17254/2024

Case brief

AI extract

What is this about?

Bail application in an Aurangabad Excise case alleging recovery of 50 litres of liquor from a motorcycle. Petitioners in custody since January 2024 with limited antecedents; court granted bail on bonds of Rs.10,000 each with two sureties and conditions on appearance.

What did the court decide?

Petitioners released on bail on Rs.10,000 bail bond each with two like sureties, subject to conditions of family-member bailor and trial attendance.

Sunil Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17254 of 2024

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Arising Out of PS. Case No.-67 Year-2024 Thana- Excise P.S. District- Aurangabad

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

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1. Sunil Kumar S/o Birbal Sharma R/o Vill and P.S. - Amba, Dist. - Aurangabad (Bihar)

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Manjay Kumar S/o Mithilesh Soni R/o Vill - Sonar Mohalla Amba, P.S. - Amba, Dist. - Aurangabad (Bihar)

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 11-03-2024 Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners seek bail in Aurangabad Excise P.S. Case No. 67 of 2024, instituted for the offences punishable under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that, 50 liters liquor was recovered from motorcycle and both the petitioners were apprehended on spot.

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Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating

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Patna High Court CR. MISC. No.17254 of 2024(2) dt.11-03-2024 2/3

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material have been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that the seized liquor was found from the roadside. The petitioners are in custody since 29.01.2024. Petitioner No. 1 has got two criminal antecedents in which he is on bail and Petitioner No. 2 has got one criminal antecedent in which he is on bail. There is no compliance of Section 100 of Cr.P.C.

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Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

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

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Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Aurangabad Excise P.S. Case No. 67 of 2024, subject to the following conditions:

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(I) One of the bailors shall be own/close member of the family of the petitioners.

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(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on

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Patna High Court CR. MISC. No.17254 of 2024(2) dt.11-03-2024 3/3

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two consecutive dates, the Trial Court will have liberty to cancel

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the bail bonds of the petitioners.

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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

What is this about?

What did the court decide?

Sunil 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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