Arun Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8470 of 2024 Arising Out of PS. Case No.-119 Year-2023 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== ARUN KUMAR THAKUR Son of Lala Thakur Resident of Village-Kerka Khadha, P.S.-NTPC Khaira, District-Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Narari Kala Khurd P.S. Case No.119 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

Allegation against the petitioner is to have indulged in trading of illicit liquor and there is recovery of 959 litres of illicit liquor from a pickup van bearing registration no.BR26GB8977.

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

Patna High Court CR. MISC. No.8470 of 2024(2) dt.15-02-2024 2/3 alleged illicit liquor was not made from conscious physical possession of the petitioner. It is also submitted that the petitioner is owner of the said vehicle, but he was no knowledge of illegal consignment of illicit liquor. It is further submitted that the petitioner has no concern with the alleged recovery of illicit liquor. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 24.12.2023. 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 Narari Kala Khurd P.S. Case No.119 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 Special Judge, Excise, Second, Aurangabad (Bihar).

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 petitioner shall present

Patna High Court CR. MISC. No.8470 of 2024(2) dt.15-02-2024 3/3 physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) S.Katyayan/- U T