Banty Kumar @ Banti Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7591 of 2024 Arising Out of PS. Case No.-448 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== 1.

Banty Kumar @ Banti Kumar Ram S/O Shakti Ram Resident Of VillageKhijarsota, Police Station-Parson, District-Giridih (Jharkhand). 2.

Prasun Kumar Karn S/O Krishna Kumar Lal Resident Of Village-Kamre Deo, Vastralaya Gali, P.S.-Ratu-Road, District-Ranchi (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Bahadurpur P.S. Case No. 448 of 2023 for the offence punishable under Section 30(a), 32(2)(3), 36, 41(1)(2) of the Bihar Prohibition & Excise Amendment Act, 2018.

3. As per allegation in the FIR, total 900 liters of foreign liquor was recovered from a Tata-pick-up-van.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He further submits that nothing has been recovered from the possession of the petitioners, petitioners have got clean antecedent as stated in

Patna High Court CR. MISC. No. 7591 of 2024(2) dt.12-02-2024 2/2 para-3 of the petition and they are in judicial custody since 05.12.2023.

5. However, learned APP for the State opposes the prayer for regular bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail after framing of the charge on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City in connection with Bahadurpur P.S. Case No. 448 of 2023.

7. However, the court below is directed to conclude the framing of charge according to law within a period of fifteen days from the date of receipt of this order. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T