Patna High CourtCR. MISC./8745/2024bail granted

Manoj 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.8745 of 2024 Arising Out of PS. Case No.-578 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Manoj Kumar, aged about 34 years, Male Son of Late Rameshwar Prasad Mandal, Resident of Village-Ward No. 10, Gadha, P.S.-Runnisiadpur, DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, 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 Runnisaidpur PS Case No. 578 of 2023 instituted for the offences punishable under Sections 30(a), 32(i) (ii), 36, 41(i) (ii) of the Bihar Prohibition and Excise Act, 2018

3. As per the prosecution case, total 98.280 liters of Foreign liquor was recovered from a four wheeler vehicle.

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. Petitioner is not the owner of the vehicle. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is in custody since

Patna High Court CR. MISC. No.8745 of 2024(2) dt.16-02-2024 2/2 23.11.2023.

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 Court-I, Sitamarhi in connection with Runnisaidpur PS Case No. 578 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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