Patna High CourtCR. MISC./6242/2024allowed

Rohan Kumar v. The State Of Bihar

2024-02-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6242 of 2024 Arising Out of PS. Case No.-283 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== Rohan Kumar Son Of Shivji Prasad @ Shiv Ji Sah Resident Of Village - Indra Chowk, P.S. - Bettiah Town, District - West Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bairiya P.S. Case No. 283 of 2023 registered for the offence under Section 414 of I.P.C. and Section 30(a) of Bihar Prohibition & Excise Act.

3. It is a case of recovery of total 87.825 illegal liquor and a motorcycle bearing Reg. No. BR -22 AE/8946.

4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner is in custody since 22.09.2023.

5. However, learned APP for the State vehemently

Patna High Court CR. MISC. No.6242 of 2024(3) dt.19-02-2024 2/2 opposed the prayer for regular bail.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 283 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) saurabhkr/- U T