Arun Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8744 of 2024 Arising Out of PS. Case No.-219 Year-2023 Thana- SAKRI District- Madhubani ====================================================== Arun Kumar Yadav Son Of Indradev Yadav Village- Mansapur P.S -Lalmaniya District -Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha, Adv.

For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with G.R.No. 1589 of 2023 arising out of Sakri P.S Case No. 2019 of 2023 registered for the offences punishable under Sections 272, 273 of the I.P.C and 30(a), 38(1),41(1) of the Bihar Prohibition and Excise Act,

3. As per allegation in the FIR, total 630 litre Nepali Soufi liquor was recovered from the vehicle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case.

Patna High Court CR. MISC. No.8744 of 2024(2) dt.17-02-2024 2/3 He further submits that petitioner has falsely implicated in this case due to local politics. Petitioner has no criminal antecedent. Nothing recovered from the possession of the petitioner. It is also submitted that petitioner is in judicial custody since 13.10.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -IIcum- Special Judge, Excise Act in connection with G.R.No. 1589 of 2023 arising out of Sakri P.S Case No.

7. The trial court is directed to conclude the proceeding of framing of charge according to law a

Patna High Court CR. MISC. No.8744 of 2024(2) dt.17-02-2024 3/3 period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet 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) Mayank/- U T