Raja Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9071 of 2024 Arising Out of PS. Case No.-437 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Raja Singh Son of Parsuram Singh Resident of village - Paspura, Ward No.- 17, P.S. - Muffasil, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== 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 Muffasil P.S Case No. 437 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Excise and Prohibition Act, 2022.

3. As per allegation in the FIR, total 107.28 litres of foreign liquor was recovered from a Bathan.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that nothing has been recovered from the possession of the petitioner and he is in judicial custody

Patna High Court CR. MISC. No.9071 of 2024(2) dt.17-02-2024 2/3 since 31.10.2023.

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

6. On persual of the seizure list, FIR, recovery was made from the Bathan of co-accused Chandan Singh who has already granted bail by Co-ordinate Bench of the Court vide order dated 25.01.2024 in Cr. Misc. No. 68844 of 2023. 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 Exclusive Special Judge Excise 1st , Begusarai in the connection with Muffasil P.S Case No. 437 of 2023

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

Patna High Court CR. MISC. No.9071 of 2024(2) dt.17-02-2024 3/3 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