Allowed¶22

Abhishek Kumar v. The State Of Bihar

Patna HC1 Jul 2024CR. MISC./38770/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.38770 of 2024, decided 01-07-2024 by Chandra Prakash Singh, J. Regular bail allowed under Section 30(a), Bihar Prohibition and Excise Act; Ara Sadar Excise P.S. Case No. 91 of 2024, District Bhojpur; recovery of 388.80 litres illicit foreign liquor from Bolero; omnibus allegation; no conscious possession; clean antecedent; custody since 12.04.2024; bail-bond Rs.20,000/- with two sureties.

What did the court decide?

Petitioners enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Bhojpur at Ara, in connection with Ara Sadar Excise P.S. Case No. 91 of 2024. ¶22

Abhishek 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.38770 of 2024

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Arising Out of PS. Case No.-91 Year-2024 Thana- Excise P.S. District- Bhojpur

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

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Abhishek Kumar Son of Jamdar Singh R/O Vill.- Sultanpur, P.S- Deerni, Dist.- Chapara

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Indrajit Kumar Son of Late Udai Rai R/O Vill.- Saidabad, P.S- Raghawpur, Dist.- Vaishali

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Chandan Rai Son of Raghubir Rai R/O Vill.- Baniya Bhagwanpur, P.SSariya, Dist.- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Adv For the Opposite Party/s : Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 01-07-2024 Heard learned counsel for the petitioners and learned

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A.P.P for the State.

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2 . The petitioners have preferred this application for grant of regular bail in connection with Ara Sadar Excise P.S. Case No. 91 of 2024 dated 12.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

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3 . As per the prosecution case, total 388.80 litres of illicit foreign liquor was recovered from the Bolero.

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4 . Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

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Patna High Court CR. MISC. No.38770 of 2024(3) dt.01-07-2024 2/2

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implicated in this case. The petitioners are not the owner of the said vehicle and the same was not being driven by them at the time of the alleged recovery. There is general and omnibus allegation against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 12.04.2024 as stated in para 12 of the bail petition.

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5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

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6 . Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara, in connection with Ara Sadar Excise P.S. Case No. 91 of 2024.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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Jyoti/-

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U T

Abhishek Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Abhishek Kumar v. The State Of Bihar

Case brief

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