Manoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11174 of 2024 Arising Out of PS. Case No.-281 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Manoj Rai S/o Rajendra Rai R/o Village - Salempur, P.S. - Lalganj, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-02-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Lalganj P.S. Case No. 281 of 2023, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, there is recovery of 30 litres of Mahua liquor from the motorcycle bearing Registration No.B31AX0791.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case and he has not been arrested on the spot and his name has surfaced on the confessional statement of co-accused Chandan Paswan. It is further

Patna High Court CR. MISC. No.11174 of 2024(2) dt.22-02-2024 2/3 submitted that recovery of alleged illicit liquor was not made from physical possession of the petitioner rather the same was recovered from the possession of Chandan Paswan. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner has a criminal antecedent as stated in para 3 of the bail petition and he is in custody since 20.12.2023.

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 Lalganj P.S. Case No. 281 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 Court of Exclusive Special Excise Court No.-1-cum-Additional District & Sessions Judge, Vaishali at Hajipur.

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

Patna High Court CR. MISC. No.11174 of 2024(2) dt.22-02-2024 3/3 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 furnishing bail bond with further condition that the petitioner 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) sanjeev/- U T