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  • PDJ - Regular Bail - Excise Act

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    Ravi Shankar
    225 views6 pages
    Durga Sao has filed a petition for regular bail in the Court of Principal District and Sessions Judge at Kodarma. He was arrested on March 19th, 2018 under the Excise Act and has been in judicial custody since then. His earlier bail application was rejected by the lower court. He claims to be innocent and requests bail from this court pending trial, undertaking to abide by any conditions imposed.

    Original Description:

    Anticipatory Bail_Excise Act

    Original Title

    PDJ_Regular Bail_Excise Act

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    Durga Sao has filed a petition for regular bail in the Court of Principal District and Sessions Judge at Kodarma. He was arrested on March 19th, 2018 under the Excise Act and has been in judicial custody since then. His earlier bail application was rejected by the lower court. He claims to be innocent and requests bail from this court pending trial, undertaking to abide by any conditions imposed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    225 views6 pages

    PDJ - Regular Bail - Excise Act

    Uploaded by

    Ravi Shankar
    Durga Sao has filed a petition for regular bail in the Court of Principal District and Sessions Judge at Kodarma. He was arrested on March 19th, 2018 under the Excise Act and has been in judicial custody since then. His earlier bail application was rejected by the lower court. He claims to be innocent and requests bail from this court pending trial, undertaking to abide by any conditions imposed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 6

    (PETITIONER IS IN JAIL CUSTODY)

    IN THE COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE


    AT-KODERMA

    B.P. No.- _________/2018

    In the matter of:


    An application for Regular Bail

    Under Sections 439 and 440 of the

    Code of Criminal Procedure.

    And

    In the matter of:


    C-Case No.-328/2018

    State ... Versus ... Durga Sao

    Under Section-47(a) of the Excise

    Act, pending in the Court of Miss

    Pooja, J.M. Ist Class, Kodarma.

    And

    In the matter of:


    Durga Sao, Age-55 years, S/o Late

    Bhikho Sao, Resident of Village-

    Bhondo, P.S.-Chandwara, Dist.-

    Kodarma.

    Category – OBC.

    1|Page
    Aadhar no.- 3988 8995 746

    Mobile no.- 9082147288

    ................... Petitioner

    Versus

    State of Jharkhand

    ....................

    Opp. Party

    The humble bail petition on behalf

    of the above named accused is as

    follows:

    MOST RESPECTFULLY SHEWETH:

    1.That the accused/petitioner has been falsely

    implicated in the above noted case by the Excise

    Department, Kodarma. As the accused/ petitioner

    has nothing to do with the commission of the

    offence as alleged, even though he has been

    remanded to the judicial custody on 19.03.2018

    and since languishing in jail.

    2.That the petitioner further submits that he has

    not filed any other application for regular bail


    2|Page
    or anticipatory bail before this Learned Court

    or before Hon’ble Jharkhand High Court in

    connection with above noted case.

    3.That the petitioner has earlier filed an

    application for grant of regular bail in the

    court of Miss Pooja, J.M. Ist Class, Koderma on

    22.03.2018 in connection with above noted case,

    but the same was rejected vide order dated

    23.03.2018.

    4.That it is stated that the aforesaid case was

    instituted on the written application of one

    Sandeep Kumar Nag who is a government employee

    and presently posted as Sub-Inspector, Excise at

    Koderma alleging that on 18.03.2018 a raid was

    conducted by him been accompanied by the home

    guard police in the shop of the

    accused/petitioner and 15 litre of illegal mahua

    liquor was found over his place. Thereafter on

    19.03.2018 the accused/petitioner was produced

    before the learned Court and was sent to

    3|Page
    judicial custody and since then he is

    languishing in jail.

    5.That the accused/applicant is not required by

    the police for any further investigation

    purpose.

    6.That the accused/applicant is an ordinary

    business man and has no any criminal background

    or criminal case in his name.

    7.That the accused/applicant is a permanent

    resident of the above mentioned address.

    8.That the learned Court below has failed to

    consider all the facts and circumstances of the

    case and has erroneously dismissed the bail

    application on 23.03.2018.

    9.That the accused/petitioner undertakes to abide

    any terms and conditions if imposed by this ld.

    Court while granting bail.

    4|Page
    10. That the accused/petitioner shall neither

    temper the prosecution witness nor jump over the

    bail or flee from justice.

    11. That the other grounds shall be urged at

    the time of hearing.

    P R A Y E R :
    It is therefore respectfully

    prayed that this ld. Court may

    kindly be pleased to grant bail to

    the accused/petitioner till the

    final trial of the case.

    AND

    Be pleased to pass such

    order/orders as may deem fit and

    proper in the interest of justice.

    AND
    For this, the accused/petitioner

    shall ever pray.

    Place:

    Date:

    5|Page
    A F F I D A V I T

    I, _____________________________, son of

    ___________________________, resident of

    ____________________________________________________

    ____________________________ do hereby solemnly

    affirm and state as follows:

    1.That I am the _________________ of the petitioner

    and as such I am well acquainted with the facts

    and circumstances of the case.

    2.That the contents of this application and

    affidavit have been read over and explained to me

    in Hindi which I have fully understood. And are

    true to the best of my knowledge and belief.

    V E R I F I C A T I O N

    Verified, signed and sworn this affidavit at Koderma

    on the _____ day of ___________________, 2017.

    6|Page

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