Patna High CourtCR. MISC./7701/2024bail granted

Subhash Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7701 of 2024 Arising Out of PS. Case No.-123 Year-2023 Thana- KAJRA District- Lakhisarai ====================================================== Subhash Kumar S/O Sanjeet Singh @ Sanjiv Singh @ Sanjeev Kumar R/O Village- Basudeopur, P.S- Kajra, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Kajra P.S Case No. 123/2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per allegation in the FIR, total 100 litres of country-made liquor was recovered from a sack.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Similarly situated co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 10.01.2024 passed in Criminal Miscellaneous No. 83051 of 2023. He further submits

Patna High Court CR. MISC. No.7701 of 2024(2) dt.12-02-2024 2/2 that nothing has been recovered from the possession of the petitioner and he is in judicial custody since 14.12.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. 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 Additional District and Sessions Judge-Vcum-Special Excise Court-II, Lakhisarai District- Lakhisarai in the connection with Kajra P.S Case No. 123/2023.

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) Mayank/ Brajesh/- U T