Allowed

Rahul Pandey @ Rohit Kumar @ Tigan Kumar v. The State of Bihar

Patna HC11 Sept 2024CR. MISC./60780/2024

Case brief

AI extract

What is this about?

Justice Anil Kumar Sinha granted anticipatory bail to petitioners accused of unloading illicit liquor. Relying on their clean antecedents and the vessel not belonging to them, the court ordered release upon arrest if bail bonds and conditions under Section 438 CrPC are met.

What did the court decide?

Anticipatory bail granted subject to furnishing ₹10,000 bond each with two sureties and conditions under Section 438 (2) CrPC.

Rahul Pandey @ Rohit Kumar @ Tigan Kumar 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.58995 of 2024

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Arising Out of PS. Case No.-133 Year-2024 Thana- DORIGANJ District- Saran

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

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Niraj Kumar Rai @ Niraj Kumar Son of Ramdeo Ray Resident of Village - Raipur Bingawan, P.S. - Doriganj, District - Saran at Chapra (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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with

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CRIMINAL MISCELLANEOUS No. 60780 of 2024

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Arising Out of PS. Case No.-133 Year-2024 Thana- DORIGANJ District- Saran

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====================================================== Rahul Pandey @ Rohit Kumar @ Tigan Kumar Son of Yogesh Pandey @ Jugesh Pandey R/o Village- Sabalpur, P.S.- Doriganj, District- Saran at Chapra (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 58995 of 2024) For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Akbar Ali (In CRIMINAL MISCELLANEOUS No. 60780 of 2024) For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Akbar Ali

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====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 11-09-2024 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

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2. This application, for grant of anticipatory bail, arises out of Doriganj Police Station Case No. 133 of 2024, dated 22.06.2024, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

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Patna High Court CR. MISC. No.58995 of 2024(2) dt.11-09-2024 2/3

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3. The prosecution case, as per the First Information Report, is that on 22.06.2024, during the patrolling duty, the police party received secret information that the petitioners, along with other co-accused persons, were indulged in unloading of illicit liquor from the boat near chakiya ghat. When the police arrived at the place of occurrence, the accused persons came out of the boat and succeeded in fleeing away. Upon search, a total quantity of 1816.32 liters of illicit liquor was recovered from the boat. The local chowkidar identified the persons, who succeeded in fleeing away from the boat, including the petitioners.

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4. Learned counsel for the petitioners submits that the petitioners are having no criminal antecedents and have been made accused on the basis of secret informant and on identification of local chowkidar. The boat from where illicit liquor has been recovered does not belong to the petitioners. He further submits that illicit liquor has not been recovered from the conscious possession of the petitioners and/or from the premises or vehicle belonging to them.

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5. Regards being had to the submissions made on behalf of

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Patna High Court CR. MISC. No.58995 of 2024(2) dt.11-09-2024 3/3

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the parties and taking into consideration the fact that the petitioners have got no criminal antecedent and the boat from where illicit liquor has been recovered does not belong to the petitioners, I am inclined to grant the petitioners privilege of anticipatory bail.

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6. This application is, accordingly, allowed.

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7. Let the petitioners, above named, in the event of their

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arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 3^rd Exclusive Special Excise Judge, Saran at Chapra, in connection with Doriganj Police Station Case No. 133 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Anil Kumar Sinha, J)

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ashwani/-

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U T

Rahul Pandey @ Rohit Kumar @ Tigan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Pandey @ Rohit Kumar @ Tigan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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