Dismissed¶7

Indradas Vaishnavi @ Indradas Kumar @ Indradas @ Indardas v. the State of Bihar

Patna HC9 Aug 2024CR. MISC./32523/2024

Case brief

AI extract

What is this about?

Anticipatory bail rejected; Patna High Court; CR. MISC. No.32523 of 2024; Rajiv Roy, J.; order dated 09-08-2024; petitioner Indradas Vaishnavi (truck owner, Rajasthan); Kaler P.S. Case No. 65/2023; District Jehanabad; FIR 21.05.2023 by informant Sanjeet Singh; Sections 420, 467, 468, 471 IPC; section 30(a) Bihar Prohibition and Excise (Amendment) Act, 2018; truck RJ-09-GB-4881 intercepted from Daudnagar; seizure/recovery of 6849.72 litres foreign liquor; owner's liability despite plea of ignorance; direction to surrender within four weeks with same-day disposal.

What did the court decide?

No relief granted - anticipatory bail application rejected (¶7). Conditional direction (¶8): if the petitioner surrenders within four weeks, the matter will be taken up and disposed of preferably on the same day. ¶7

Indradas Vaishnavi @ Indradas Kumar @ Indradas @ Indardas… — Cheating and Forgery | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32523 of 2024

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Arising Out of PS. Case No.-65 Year-2023 Thana- KALER District- Jehanabad

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

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INDRADAS VAISHNAVI @ INDRADAS KUMAR @ INDRADAS @ INDARDAS SON OF NANA DAS VAISHNAVI RESIDENT OF VILLAGE - NAWANIYA, P.S. - VALLABH NAGAR, DISTRICT - UDAIPUR, RAJASTHAN

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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 ====================================================== Appearance : For the Petitioner/s : Mr.Anupam Prabhat Shrivastava, Advocate For the Opposite Party/s : Mr.Dashrath Mehta, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 09-08-2024 Heard the parties.

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The petitioner is apprehending arrest in connection

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with Kaler P.S. Case No. 65/2023 instituted under Sections 420, 467, 468 and 471 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 lodged on 21.05.2023 by the informant, Sanjeet Singh.

¶14

As per the prosecution story, the informant alleged that his truck bearing registration no. RJ-09-GB-4881 was intercepted while it was coming from Daudnagar and upon search altogether 6849.72 liters of foreign liquor recovered/seized. The petitioner being owner of the truck, his name is also there. Accordingly, the FIR.

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Learned counsel for the petitioner submits that he

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Patna High Court CR. MISC. No.32523 of 2024(2) dt.09-08-2024 2/2

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being the truck owner has no information about the alleged movement of the prohibited liquor in the truck.

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On the other hand, learned APP submits that he being the owner of the truck, cannot exonerate himself from the liability inasmuch as there is huge recovery of 6849.72 liters of foreign liquor.

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Considering the recovery/seizure that has come from the truck in the State of Bihar and the petitioner is the owner, it would be appropriate that he seek bail.

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The anticipatory bail application stands rejected.

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If the petitioner surrender within four weeks from today, it will be taken up and dispose it of preferably on the same day.

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(Rajiv Roy, J)

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Ravi/-

¶24

U T

Indradas Vaishnavi @ Indradas Kumar @ Indradas @ Indardas v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Indradas Vaishnavi @ Indradas Kumar @ Indradas @ Indardas v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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