Akash @ Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5956 of 2024 Arising Out of PS. Case No.-290 Year-2023 Thana- PIPRA District- Supaul ====================================================== Akash @ Akash Kumar, aged about 25 yeas, Male, son of Mahendra Mandal Resident of village- Thumha PS- Pipra District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shahid Aqubal, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, 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 is in custody in connection with Sessions Trial No. 1081 of 2023 arising out of Pipra P.S. Case No.290 of 2023 registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, total 203.4 liters of Nepali liquor and a Samsung mobile phone bearing IMEI No.358799697126675 were recovered from a car bearing registration no.BR-11AX-9674.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case, petitioner has not been arrested at the spot and petitioner is a student. Petitioner is in custody since since 27.12.2023.

5. However, learned APP for the State opposes the

Patna High Court CR. MISC. No.5956 of 2024(3) dt.19-02-2024 2/2 prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and submission made on behalf of the petitioner, the prayer for regular bail of the petitioner is allowed. Accordingly, let the above named petitioner be released on bail after framing of the charge on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Supaul in connection with Sessions Trial No.1081 of 2023 arising out of Pipra P.S. Case No. 290 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to the law within a period of fifteen 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 above named petitioner shall be released on bail on above conditions and the petitioner 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) Brajesh Kumar/- U T