Allowed¶23

Niraj Kumar v. The State of Bihar

Patna HC5 Oct 2024CR. MISC./71762/2024

Case brief

AI extract

What is this about?

Keywords: regular bail; bail granted; Section 30(a); Bihar Prohibition & Excise Act 2016; excise offence; 87 liters country made liquor; recovery from tempo; Kadamkuan PS Case No.558 of 2024; Patna district; Raghopur Vaishali; custody since 24.07.2024; bail bond Rs.10,000/- with two sureties; Exclusive Special Judge Excise-II Patna; APP Pradeep Narain Kumar; Advocate Jay Ram Prasad; CR. MISC. No.71762 of 2024; decision 05-10-2024; Justice Ashok Kumar Pandey.

What did the court decide?

Regular bail granted to Niraj Kumar, Vikash Kumar and Vinod Kumar in connection with Kadamkuan P.S. Case No.558 of 2024, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Judge Excise-II, Patna. ¶23

Niraj Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, arraigned in Kadamkuan P.S. Case No.558 of 2024 for an offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 and in custody since 24.07.2024, are entitled to be enlarged on regular bail.

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Court's answer

After hearing both sides and considering the facts and circumstances of the case and the custody of the petitioners, the court was inclined to enlarge the petitioners on bail.

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Ratio / Principle

All three named petitioners were ordered to be released on bail in connection with Kadamkuan P.S. Case No.558 of 2024 upon furnishing a bail bond of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise-II, Patna.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.71762 of 2024 (arising out of Kadamkuan P.S. Case No.558 of 2024, District Patna), oral order dated 05-10-2024 of Honourable Justice Ashok Kumar Pandey: Regular bail allowed for petitioners Niraj Kumar, Vikash Kumar and Vinod Kumar, charged for an offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016, following the alleged recovery of 87 litres of country-made liquor from a tempo in which they were present. Counsel submitted that the petitioners were innocent, falsely implicated, without criminal antecedents, mere travellers of the tempo, and in custody since 24.07.2024; the learned APP opposed the bail prayer. Considering the facts, circumstances and custody, the Court enlarged all three petitioners on bail on a bond of Rs.10,000/- each with two sureties of the like amount each, before the learned Exclusive Special Judge, Excise-II, Patna. The bail application stood allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71762 of 2024

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Arising Out of PS. Case No.-558 Year-2024 Thana- KADAMKUAN District- Patna

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

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Niraj Kumar S/O- Ganesh Ray @ Ganesh Gop Village- Jagdishpur PsRaghopur Dist- Vaishali

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Vikash Kumar S/O- Lal Kishore @ Lal Kishore Ray Village- Malikpur PsRaghopur Dist- Vaishali

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Vinod Kumar S/O- Kamal Saw Village- Khemnichak Ps- Ramkrishna Nagar Dist- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jay Ram Prasad, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 05-10-2024

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Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners are praying for regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

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The case of the prosecution is that 87 liters country made liquor was recovered from a tempo and the petitioners were also there in the tempo.

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Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners have falsely been implicated in this case. They have

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Patna High Court CR. MISC. No.71762 of 2024(2) dt.05-10-2024 2/2

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got no criminal antecedent. It is further submitted that the petitioners are only the traveller of the tempo and are in custody since 24.07.2024.

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Learned APP appearing for the state has opposed the prayer of regular bail.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, as well as, custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Kadamkuan P.S. Case No.558 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-II, Patna.

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Accordingly, the present bail application stands

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allowed.

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(Ashok Kumar Pandey, J)

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durgesh/-

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U T

Niraj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Niraj 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

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