Patna High CourtCR. MISC./8844/2024bail granted

Mantu Kumar v. The State Of Bihar

2024-02-16Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8844 of 2024 Arising Out of PS. Case No.-737 Year-2023 Thana- Excise P.S. District- Sheikhpura ====================================================== Mantu Kumar, aged about 22 years, Sex-Male, Son of Birju Yadav @ Bijo Yadav, Resident of Village- Ekrama P.S.- Chewara District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise PS Case No. 737 of 2023 instituted for the offences punishable under Sections 30(a), 32, 41, 56(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018

3. As per the prosecution case, 20 liters of illegal liquor was recovered from the gallon.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to ulterior motive. Nothing has been recovered either from the conscious possession of the petitioner or from the house of the petitioner.

Patna High Court CR. MISC. No.8844 of 2024(2) dt.16-02-2024 2/2 Petitioner is in custody since 07.11.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Sheikhpura in connection with Excise PS Case No. 737 of 2023.

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 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) Anand Kr.

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