Bhushan Kumar @ Bhushan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14073 of 2024 Arising Out of PS. Case No.-112 Year-2020 Thana- HALSI District- Lakhisarai ====================================================== BHUSHAN KUMAR @ BHUSHAN MAHTO SON OF LATE BHOLA MAHTO R/O-BILLO, P.S.-HALSI (RAMGARH CHOWK), DISTT.- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Halsi (Ramgarh Chowk) P.S. Case No.112 of 2020 registered for the offence under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 07 litre of illicit liquor from house of Chandan Chaudhary, where, petitioner was in intoxicating condition.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that it is acase of misuse of privileges of bail and recovery of illicit was made from house of other co-accused person, namely, Chandan

Patna High Court CR. MISC. No.14073 of 2024(2) dt.29-02-2024 2/2 Chaudhary and nothing recovery from the conscious physical possession of this petitioner. It is submitted that the petitioner shall present before the learned trial court on each and every date till conclusion of the trial of this case. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 31.10.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Halsi (Ramgarh Chowk) P.S. Case No.112 of 2020 on furnishing bail personal bonds of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-V-cumExclusive Special Court No.2, Excise Act, Lakhisarai. 7.

However, learned trial court is directed to conclude the trial within a period of one year from the date of order, if prosecution will cooperate in the trial. (Ramesh Chand Malviya, J) S.Katyayan/- U T