Allowed¶21

Sachin Kumar v. The State of Bihar

Patna HC20 Mar 2024CR. MISC./18311/2024

Case brief

AI extract

What is this about?

Sachin Kumar anticipatory bail; Patna High Court CR. MISC. No.18311 of 2024, order dt.20-03-2024; Satyavrat Verma, J; Tajpur (Halal O.P.) P.S. Case No.66 of 2024, Samastipur; Sections 272, 273/34 IPC; Section 30(a) Bihar Prohibition and Excise Act, 2022; recovery of 61.560 liters of liquor from cottage of Munilal Paswan; secret information; bail-bond Rs.5000 with two sureties; Section 438(2) Cr.P.C.; Special Judge Excise, 2, Samastipur; APP Md. Ataur Rahman; counsel Saroj Kumar Choudhary.

What did the court decide?

Anticipatory bail: petitioner to be released on bail upon arrest or surrender within six weeks, on furnishing bail-bonds of Rs.5000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, 2, Samastipur, subject to Section 438(2) Cr.P.C. conditions. ¶21

Sachin Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18311 of 2024

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Arising Out of PS. Case No.-66 Year-2024 Thana- TAJPUR District- Samastipur

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

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Sachin Kumar S/o Vijay Roy R/o vill - Sarangpur, P.S. - Tajpur (Halal OP), Distt. - Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Saroj Kumar Choudhary, Advocate For the Opposite Party/s : Mr.Md. Ataur Rahman, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 20-03-2024

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Heard learned counsel for the petitioner as well as

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learned APP for the State.

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The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2022

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The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 61.560 liters of liquor from the cottage of Munilal Paswan.

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It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and he came to be implicated based on secret information which is the easiest way to

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Patna High Court CR. MISC. No.18311 of 2024(2) dt.20-03-2024 2/2

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implicate someone.

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The learned APP for the State opposes the anticipatory bail application.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise,2, Samastipur in connection with Tajpur (Halal O.P.) P.S. Case No.66 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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(Satyavrat Verma, J)

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Prakash Narayan U T

Sachin Kumar v. The State of Bihar

Case brief

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Sachin Kumar v. The State of Bihar

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