Sudhir Kumar v. The State of Bihar

Patna HC7 Feb 2024CR. MISC./4114/2024

Case brief

AI extract

What is this about?

Regular bail; Section 30(a) Bihar Prohibition and Excise (Amendment) Act, 2018; liquor recovery 97.875 liters; driver; 31.125 liters from petitioner's vehicle; Cheriya Bariyarpur P.S. Case No.343 of 2023 (lodged 28.11.2023); Begusarai; Sudhir Kumar; Section 437(3) Code of Criminal Procedure conditions; Special Judge Excise-I Begusarai; bail bond Rs.30,000 with two sureties; monthly police-station attendance condition; Patna High Court Criminal Miscellaneous No.4114 of 2024; decided 07-02-2024; Dr. Anshuman, J.

What did the court decide?

Regular bail on furnishing bail bonds of Rs.30,000 with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-I, Begusarai, in Cheriya Bariyarpur P.S. Case No.343 of 2023, subject to Section 437(3) CrPC conditions and five additional conditions. ¶¶18

Sudhir Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, accused in Cheriya Bariyarpur P.S. Case No.343 of 2023 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 (total recovery of 97.875 liters of liquor), should be granted regular bail.

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Court's answer

Bail granted on furnishing bail bonds of Rs.30,000 with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-I, Begusarai, subject to conditions under Section 437(3) of the Code of Criminal Procedure.

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Ratio / Principle

Additional bail conditions imposed: one bailor to be a family member providing official proof of bona fide; compulsory appearance on every trial date, with two consecutive unexplained absences entailing cancellation by the Trial Court; monthly police-station attendance marking for one year; abstention from inducing, promising or threatening witnesses or tampering with evidence; desistance from fresh offences — failure on the latter counts permitting the State to seek cancellation of bail bonds.

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Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J) allowed regular bail to Sudhir Kumar, arraigned in Cheriya Bariyarpur P.S. Case No.343 of 2023 (lodged 28.11.2023) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, involving total recovery of 97.875 liters of liquor. Counsel submitted the petitioner was the driver, from whose vehicle 31.125 liters was allegedly recovered, had a clean excise antecedent, and had one criminal antecedent in which he was already on bail; the State opposed. Bail granted on bonds of Rs.30,000 with two like sureties to the satisfaction of the Special Judge, Excise-I, Begusarai, subject to Section 437(3) CrPC conditions and further conditions: a family-member bailor with documentary bona fides; attendance on every trial date (two consecutive unexplained defaults entailing cancellation); monthly police-station reporting for one year; no inducement of or threat to witnesses nor tampering with evidence; and desistance from fresh offences, default permitting the State to seek cancellation of bail bonds.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4114 of 2024

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Arising Out of PS. Case No.-343 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai

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

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Sudhir Kumar S/O Ram Udgar Mahto R/O Bdha Kurba, P.S- Cheriya Bariyarpur, Distt.- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Kumar, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 07-02-2024

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner seeks regular bail in connection with Cheriya Bariyarpur P.S. Case No.343 of 2023, lodged on 28.11.2023, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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As per the prosecution, total recovery of 97.875 liters of liquor has been the subject matter of the present case.

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Learned counsel for the petitioner submits that the petitioner is the driver and from the vehicle concerned with the petitioner recovery of 31.125 liters of liquor has been made. Counsel submits that petitioner is innocent and has committed no offence. Petitioner’s antecedent in excise matter is clean but

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Patna High Court CR. MISC. No.4114 of 2024(2) dt.07-02-2024 2/3

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he has one criminal antecedent in which he is on bail.

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Learned counsel for the State opposes the prayer

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for bail.

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In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/(Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-I, Begusarai, in connection with Cheriya Bariyarpur P.S. Case No.343 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

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(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

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(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

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(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance;

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(iv) The petitioner shall in no way try to induce or

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Patna High Court CR. MISC. No.4114 of 2024(2) dt.07-02-2024 3/3

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promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and

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(v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

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(Dr. Anshuman, J)

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Mkr./-

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U T

Sudhir Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sudhir Kumar 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

Case details

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