Dharmendra Kumar Paswan @ Munna Paswan v. Anil Kumar @ Anil Kumar Yadav
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Act, 2018 s. 30(a)
- Code of Criminal Procedure, 1973 s. 437(3)
Judgment
Arising Out of PS. Case No.-356 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Pappu Kumar Yadav @ Pappu Kumar @ Pappu Yadav S/O Anil Kumar Yadav Resident of village- Murli, P.S.- Phulparas, District- Madhubani. Bechchan Yadav @ Bechan Yadav S/O Shankar Yadav Resident of village- Hanuman Nagar, P.S.- Phulparas, District- Madhubani.
Anil Kumar Yadav @ Anil Kumar S/O Late Kushum Lal Yadav Resident of village- Murli, P.S.- Phulparas, District- Madhubani. The State of Bihar Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 63196 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-356 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Patna High Court CR. MISC. No.60878 of 2022(2) dt.04-01-2023 Alok Kumar @ Alok Raj Purve S/o Hari Purve @ Hari Narayan Purbey R/v- Sultanganj, P.S.- Sadar Madhubani, District- Madhubani The State of Bihar Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 64156 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-356 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Saroj Kumar S/O Budheshwar Prasad Sah @ Budheshwar Sah @ Budesar Sah R/O Village- Murli, P.S- Phuparas, District- Madhubani The State Of Bihar Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No.
66488 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-356 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Santosh Kumar Yadav S/o Anil Kumar Yadav R/o Village- Murli, P.S.- Phulparas, Distt- Madhubani. The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 60878 of 2022) For the Petitioner/s Mr.Kumar Sameer, Advocate Mr.Yogendra Kumar Singh, APP Mr.Ratanakar Jha, Advocate Mrs. Smiti Bharti, Advocate Mr.Lalan Kumar, APP : : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 62132 of 2022) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 62743 of 2022) For the Petitioner/s Mr.Ratanakar Jha, Advocate : Mrs. Smiti Bharti, Advocate : For the Opposite Party/s : Mr.Narsingh Tanti, APP (In CRIMINAL MISCELLANEOUS No.
63196 of 2022) For the Petitioner/s : : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 64156 of 2022) Mr.Ratanakar Jha, Advocate Mrs. Smiti Bharti, Advocate Mr.Nityanand, APP Patna High Court CR. MISC. No.60878 of 2022(2) dt.04-01-2023 : For the Petitioner/s For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 66488 of 2022) For the Petitioner/s Mr.Jitendra Kumar Bharti, Advocate Mr.Surendra Prasad Singh, APP : : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA Mr.Ratanakar Jha, Advocate Mrs. Smiti Bharti, Advocate Mr.Nityanand, APP 2 04-01-2023 Heard learned counsel for the petitioners and learned ORAL ORDER APP for the State. Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks. In the present case, the petitioners seek bail in connection with G.R. No. 624 of 2022 arising out of Phulparas P.S. Case No. 356 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act,
2018. As per prosecution case, recovery of 3793.680 litres of India made foreign liquor was made from the secret chamber in the house of the co-accused Anil Yadav and Santosh Yadav when the raid was conducted on the basis of secret information received by the police. Petitioners were apprehended from the spot and they are stated to be involved in the illicit trade of liquor. Learned counsels for the petitioners submit that the petitioners are innocent and have been falsely implicated in this Patna High Court CR. MISC. No.60878 of 2022(2) dt.04-01-2023 case. Nothing incriminating has been recovered from their conscious possession. The petitioners were apprehended in this case merely on suspicion. The allegation of being involved in the trade of illicit liquor is not supported by any evidence. Only recovery from the conscious possession of the petitioners is of mobile-phones. The petitioners are in custody since 27.07.2022,
26.07.2022, 26.07.2022, 19.08.2022, 26.07.2022, 26.07.2022, respectively and charge-sheet has been submitted. Learned APP oppose the prayer for bail. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioners along with the submission of charge-sheet against them, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur in connection with G.R. No. 624 of 2022 arising out of Phulparas P.S. Case No. 356 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioners. Patna High Court CR. MISC. No.60878 of 2022(2) dt.04-01-2023 (ii) The petitioners will remain present on each and every date fixed by the court below. (iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) himanshu/- U T
Precedent status how later indexed judgments have treated this case
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