Kishori Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7153 of 2024 Arising Out of PS. Case No.-323 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== KISHORI SAH Son of Late Gauri Sah @ Gaurishankar Sah Resident of Village-Khadwa Mushar Toli, P.S.-Banjariya, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rashmi Jha For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Trukauliay (Banjariay) P.S Case No.323 of 2022 registered for the offences punishable under Sections 30(a) (c), 45 of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, total 20 litres of country made liquor.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that no incriminating article has been

Patna High Court CR. MISC. No.7153 of 2024(3) dt.20-02-2024 2/3 recovered from the conscious possession of the petioner. It isd next submitted that the recovery is made from an open place which is accessible to anyone. It is also submitted that petitioner is in judicial custody since 04.12.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, East Champaran, Motihari in connection with Trukauliay (Banjariay) P.S Case No.323 of 2022.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of

Patna High Court CR. MISC. No.7153 of 2024(3) dt.20-02-2024 3/3 this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he 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) Mayank/- U T