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Dhiraj Kumar Pandey v. The State of Bihar

Patna HC16 Jul 2024CR. MISC./41528/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in an excise case involving recovery of 1642.68 litres of illicit liquor from a container, claiming false implication with nothing recovered from his possession. The court granted anticipatory bail on furnishing bail bonds with sureties, subject to Section 438(2) Cr.P.C. conditions.

What did the court decide?

Anticipatory bail: release on bail upon arrest or surrender within six weeks on bail bond of Rs. 10,000 with two like sureties, subject to Section 438(2) Cr.P.C. conditions.

Dhiraj Kumar Pandey 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.41528 of 2024

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Arising Out of PS. Case No.-452 Year-2023 Thana- DALSINGHSARAI District- Samastipur

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====================================================== Dhiraj Kumar Pandey Son Of Jitendra Kumar Pandey @ Jitendra Pandey R/O- Village- Dharampur Bandey, Ward No. 01, P.S.- Shahpur Patori, District- Samastipur ... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

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2 16-07-2024

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Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner apprehends his arrest in connection with Dalsinghsarai P.S Case No. 452 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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Prosecution case related to recovery of total 1642.68 liters of illicit liquor from a container bearing registration No. HR55S-4019.

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Learned counsel for the petitioner submits that petitioner is innocent, committed no offence and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and he has no concern with the alleged recovered liquor and container. He further submits that except confessional statement of apprehended person nothing has come against him. Similarly, situated co-accused person has

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Patna High Court CR. MISC. No.41528 of 2024(2) dt.16-07-2024 2/2

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already been granted anticipatory bail by this Court in Cr. Misc. No. 32002 of 2024 vide order dated 25.04.2024.

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However, learned APP for the State oppose the prayer for regular bail of the petitioner.

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Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail in the event of his arrest or surrender before the court below within a period of six weeks from today on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise – 1^st , Samastipur in connection with Dalsinghsarai P.S. Case No. 452 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further condition that if petitioner found involved in similar nature of offence in future, it will be treated as misuse of bail, then the prosecution may be at liberty to proceed to get the bail bond of the petitioner cancelled.

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saurabhkr/- U T

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(Ramesh Chand Malviya, J)

Dhiraj Kumar Pandey v. The State of Bihar

Case brief

What is this about?

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Dhiraj Kumar Pandey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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