Amit Kumar Vs The State of Bihar

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act, 2016.

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Altogether 20.25 liters of illicit foreign liquor is said to have been recovered from the place of occurrence. No person was apprehended on the spot.

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It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He was not

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Patna High Court CR. MISC. No.82437 of 2024(2) dt.11-12-2024 2/3

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apprehended on the spot and local chowkidar disclosed the name of the petitioner in the present case and also told that petitioner and one another person fled away from the place of occurrence. Petitioner has one criminal antecedent as mentioned in para 3 of the bail application.

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Petitioner 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, Patna.

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Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) 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 Singheshwar P.S. Case No.404 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, 2023, 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

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Patna High Court CR. MISC. No.82437 of 2024(2) dt.11-12-2024 3/3

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how he is related with the petitioner. 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 petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the account of Mahavir Cancer Sansthan.

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(Anjani Kumar Sharan, J)

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priyanka/-

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U T

Amit Kumar v. The State of Bihar

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Amit Kumar v. The State of Bihar

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