Arvind Singh @ Binda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9850 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- IMADPUR District- Bhojpur ====================================================== Arvind Singh @ Binda S/O Late Shiv Kumar Singh Village- Kapurdihra, Ps. Tarari,Dist. Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== 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 Imadpur P.S Case No. 129 of 2023 registered for the offences punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act 2018.

3. As per allegation in the FIR, total 40 litre illicit liquor is recovered from motorcycle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that no incriminating articles has been found from the conscious possession of the

Patna High Court CR. MISC. No.9850 of 2024(2) dt.20-02-2024 2/3 petitioner. It is also submitted that petitioner is in judicial custody since 25.11.2023.

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 seizure list, 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 1st , Bhojpur, Ara in connection with Imadpur P.S Case No. 129 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law a period of one month 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 be present physically on each and every

Patna High Court CR. MISC. No.9850 of 2024(2) dt.20-02-2024 3/3 date before the trial court till conclusion of the the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T