Allowed¶22

Ajay Kumar v. the State of Bihar

Patna HC18 Mar 2024CR. MISC./20608/2024

Case brief

AI extract

What is this about?

Patna High Court bail order dated 18-03-2024 by Justice Rudra Prakash Mishra in CR. MISC. No.20608 of 2024 (Nawada district, Kashichak P.S. Case No. 28 of 2024). Keywords: bail; Bihar Prohibition and Excise Act; Section 30(a); Section 100 Cr.P.C. compliance; 53.49 liters liquor recovery from house; apprehended on spot; joint residential house; custody since 14.02.2024; one criminal antecedent; bail bonds Rs. 10,000 with two sureties; petitioner Ajay Kumar @ Shrwan Kumar Paswan; APP Ashok Kumar Singh; counsel Sheo Kumar Prasad.

What did the court decide?

Release 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 the Court below/concerned Court in connection with Kashichak P.S. Case No. 28 of 2024. ¶22

Ajay 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.20608 of 2024

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Arising Out of PS. Case No.-28 Year-2024 Thana- KASHICHAK District- Nawada

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

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Ajay Kumar S/O Late Sharwan Paswan @ Shrwan Kumar Paswan R/O Village- Mohanpur, P.S- Kashichak, Distt.- Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 18-03-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in Kashichak P.S. Case No. 28 of 2024, 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, 53.49 liters liquor was recovered from house of the petitioner and the petitioner was apprehended on spot.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further

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Patna High Court CR. MISC. No.20608 of 2024(2) dt.18-03-2024 2/2

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submitted that the alleged recovery was made from joint residential house of the petitioner where other family members also reside. The petitioner is in custody since 14.02.2024 and has got one criminal antecedent in which the petitioner 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 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 Kashichak P.S. Case No. 28 of 2024.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

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U T

Ajay Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Kumar v. the State of Bihar

Case brief

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