Bipin Kumar @ Kamlesh Kumar @ Bipin Yadav @ Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11557 of 2024 Arising Out of PS. Case No.-385 Year-2021 Thana- NAWADA District- Nawada ====================================================== Bipin Kumar @ Kamlesh Kumar @ Bipin Yadav @ Kamlesh Yadav S/O Isho Yadav R/O Village- Gondapur, P.S- Nawada, Distt.- Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence under Sections 33, 34 and 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, son of the informant died during course of treatment after consuming liquor.

4. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. He next submits that similarly situated co-accused persons have already been granted bail by this Court passed in Cr. Misc. No. 8349 of 2024 and he is in custody since 17.01.2022.

5.

Learned APP appearing for the State,

Patna High Court CR. MISC. No.11557 of 2024(3) dt.19-04-2024 2/2 opposes the prayer for bail of the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner be directed to be released on bail after framing of the charge in connection with Nawada (Town) P.S. Case No.385 of 2021 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court Excise Act, Ist Nawada. 7.

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. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioners shall be released on bail on furnishing bail bond with further condition that the petitioners have to 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