← Library
Patna High CourtCR. MISC./7568/2024bail granted

Surendra Yadav v. The State Of Bihar

2024-02-12Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7568 of 2024 Arising Out of PS. Case No.-619 Year-2023 Thana- Excise P.S. District- Supaul ====================================================== 1.

Surendra Yadav Son of Chander Yadav Resident of village-Chancipatti, P.S.- Supaul District- Supaul 2.

Ranjit Kumar Son of Shukal Sah Resident of village-Chancipatti, P.S.- Supaul District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shahid Aqubal, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Excise P.S. Case No. 619 of 2023 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, total 153 liters of foreign liquor was recovered from a trunk (dikki) of the car.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He further submits that nothing has been recovered from the possession of the petitioners and they are in judicial custody since 16.12.2023.

5. However, learned APP for the State opposes the

Patna High Court CR. MISC. No.7568 of 2024(2) dt.12-02-2024 2/2 prayer for regular bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail after framing of the charge on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-02, Supaul in connection with Excise P.S. Case No. 619 of 2023 arising out of Misc. Excise Case No. 4948 of 2023 at DistrictSupaul.

7. However, the trial court is directed to conclude the proceeding of framing of charge according to law within a period of fifteen days from the date of receipt of this order. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T