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Arun Kumar v. the State of Bihar

Patna HC21 Mar 2024CR. MISC./19094/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought in an excise case involving alleged recovery of 44.4 liters of liquor from a motorcycle; petitioner denied conscious possession and relied on custodial confession of a co-accused. Court granted pre-arrest bail subject to CrPC Section 438(2) conditions.

What did the court decide?

Anticipatory bail granted on furnishing bail bonds of Rs. 1,000 with two sureties of like amount upon arrest or surrender within six weeks, subject to Section 438(2) Cr.P.C. conditions.

Arun Kumar Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19094 of 2024

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Arising Out of PS. Case No.-271 Year-2023 Thana- PARIHAR District- Sitamarhi

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

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ARUN KUMAR S/O NAGENDRA RAI R/O WARD NO. 09, SIRSIYA BAZAAR, P.S- PARIHAR, DISTT.- SITAMARHI.

... ... Petitioner/s

Versus

2 21-03-2024

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ayush Kumar For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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... ... Opposite Party/s

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

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Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 44.4 liters of liquor from a motorcycle.

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Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the motorcycle and he came to be implicated based on the confessional statement of Md. Sameer in police custody which does not have any evidentiary value.

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Patna High Court CR. MISC. No.19094 of 2024(2) dt.21-03-2024 2/2

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Parihar P.S. Case No. 271 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Arun Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Arun Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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