Allowed

Manoj Pasi v. The State of Bihar

Patna HC21 Sept 2024CR. MISC./54732/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in an excise case after recovery of country liquor from a motorcycle. The court directed their release on bail upon arrest or surrender, on furnishing bail bonds with sureties and depositing amounts to Mahavir Cancer Sansthan.

What did the court decide?

Petitioners released on bail on arrest or surrender within six weeks, on Rs.25,000 bond each with two sureties, subject to conditions and charitable deposits.

Manoj Pasi 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.54732 of 2024

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Arising Out of PS. Case No.-428 Year-2023 Thana- BHORE District- Gopalganj

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

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MANOJ PASI SON OF LATE RABAR PASI @ LATE RABAD PASI R/OVILLAGE- HUSSEPUR, PS- BHORE, DISTRICT- GOPALGANJ, BIHAR

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SHIVJEE PASI SON OF LATE SHEOPUJAN PASI R/O-VILLAGEHUSSEPUR, PS- BHORE, DISTRICT- GOPALGANJ, BIHAR

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Indrajeet Bhushan For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 21-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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The petitioners apprehends their arrest in a case registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Amendment Act, 2018.

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Altogether 16.800 liters of country made liquor is said to have been recovered from a motorcycle.

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It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or any trade of liquor. They

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Patna High Court CR. MISC. No.54732 of 2024(3) dt.21-09-2024 2/3

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have been falsely implicated in this case at the instance of their enemies. They were not apprehended on the spot and their names transpired in the case only on the basis of statement of local chaukidar . Petitioners have no concern with the seized vehicle from which the recovery was made. Petitioner no.1 has no criminal antecedent and petitioner no.2 has one criminal antecedent of similar nature of offence.

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Petitioner no.1 is agreed to deposit a sum of Rs.5000.00 (Rupees Five Thousand) and petitioner no.2 is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch.

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Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Bhore P.S. Case No.428 of 2023,

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Patna High Court CR. MISC. No.54732 of 2024(3) dt.21-09-2024 3/3

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subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:

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(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioners. He will also undertake to inform the Court if there is any change in the address of the petitioner.

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(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

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The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the Mahavir Cancer Sansthan.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Manoj Pasi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manoj Pasi v. The State of Bihar

Case brief

What is this about?

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