Sujit Paswan @ Sujit Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9644 of 2024 Arising Out of PS. Case No.-863 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Sujit Paswan @ Sujit Kumar Paswan, aged about 29 years, Male, Son of Ganauri Paswan, Resident of Village-Bhadeja, P.S.-Muffasil, Distt.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, 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 Muffasil P.S. Case No.863 of 2023 registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per allegation in the FIR, total 100 liters of mahua liquor was recovered from a drum.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. On perusal of the seizure list, there are no independent witnesses. Petitioner is in custody since 03.01.2024.

5. However, learned APP for the State opposes the

Patna High Court CR. MISC. No.9644 of 2024(2) 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 Additional Sessions Judge-cum-Excl. Special Judge/Excise Court No.01, Gaya in connection with Muffasil P.S. Case No. 863 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