Allowed

Sanjay Kumar v. The State of Bihar

Patna HC24 Oct 2024CR. MISC./76533/2024

Case brief

AI extract

What is this about?

Bail application under the Bihar Prohibition and Excise Act after seizure of 40 litres of country-made wine from a motorcycle not owned by the petitioner. Noting his lack of criminal antecedent and non-ownership of the vehicle, the court granted bail with conditions including periodic police-station attendance.

What did the court decide?

Release on bail on bond of Rs. 10,000 with two like sureties to Excise Court No.-3, Gaya, subject to stated conditions.

Sanjay 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.76533 of 2024

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Arising Out of PS. Case No.-941 Year-2024 Thana- Excise P.S. District- Gaya

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

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Sanjay Kumar S/o- Satendra Chaudhary Resident of village- Malda Police station- Muffasil District- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary, Advocate For the State : Mr. Gauri Shankar Gupta, APP

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

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 24-10-2024 Heard the parties.

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The petitioner is in judicial custody in connection

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with Excise P.S. Case No. 941 of 2024 for the offences punishable under Section30(a) of the Bihar Prohibition and Excise Act, lodged on 12.09.2024 by the informant, Rajesh Kumar.

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As per the prosecution story, the informant alleged that on secret information a motorcycle was intercepted and there is recovery/seizure of 40 liters of country made wine. Accordingly, the F.I.R.

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Learned counsel for the petitioner submits that the motorcycle does not belong to him and has been falsely implicated, he do not have criminal antecedent and is in custody since 13.09.2024 (paragraph no.4 of the petition).

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Patna High Court CR. MISC. No.76533 of 2024(2) dt.24-10-2024 2/3

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Learned APP for the State opposes the prayer for

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bail.

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Taking into account the submissions put forward by the parties as also that the petitioner does not own the vehicle and has no criminal antecedent, this Court is inclined to extend him the privilege of bail.

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Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Excise Court No.-3, Gaya in connection with Excise P.S. Case No. 941 of 2024, subject to the following conditions:

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(i) one of the bailor should be the family member/relative 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 failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

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(iv) the petitioner shall in now way try to induce or

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Patna High Court CR. MISC. No.76533 of 2024(2) dt.24-10-2024 3/3

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

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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 bail bonds.

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(Rajiv Roy, J)

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vinayak/-

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U T

Sanjay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjay 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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