Vikash Kumar @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8264 of 2024 Arising Out of PS. Case No.-1415 Year-2023 Thana- JAMUI District- Jamui ====================================================== Vikash Kumar @ Ranjan Kumar son of Prabhu Yadav Village- Helajot PsJhajha Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with JAM P.S. Case No.1415 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of 81 litres of illicit liquor from a car.

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 recovery of illicit liquor was not made from conscious physical possession of this petitioner, rather the same was recovered from a car. It is also submitted that petitioner is neither driver nor owner of the vehicle in question and he has no concern with the alleged

Patna High Court CR. MISC. No.8264 of 2024(2) dt.13-02-2024 2/2 recovery as well as vehicle in question. It is further submitted that there is violation of Section 100 of Cr.P.C., as the chargesheet has not supported by the independent witnesses rather the same was supported by police officials. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 05.11.2023..

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 JAM P.S. Case No.1415 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II, Jamui.

7.

However, the trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order.

(Ramesh Chand Malviya, J) S.Katyayan/- U T