Patna High CourtCR. MISC./9910/2024bail granted

Vikram Kumar Singh v. The State Of Bihar

2024-02-21Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9910 of 2024 Arising Out of PS. Case No.-214 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== Vikram Kumar Singh, aged about 35 years, Male Son of Ram Baran Singh, Resident of Village- Jay Nagar, P.S.- Jay Nagar, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kaluahi PS Case No. 214 of 2023 instituted for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 150 liters illicit liquor has been recovered from three motorcycle.

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. It is further alleged that from the motorcycle of the petitioner 54 liters Nepali country made liquor has been recovered. Petitioner is the owner of the

Patna High Court CR. MISC. No.9910 of 2024(2) dt.21-02-2024 2/3 seized Motorcycle.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list and impugned order of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani dated 05.01.2024, it appears that 54 liters Nepali country made liquor has been recovered from the motorcycle of the petitioner. Petitioner is not arrested on the spot. Petitioner is in custody since 08.12.2023, accordingly the prayer for bail of the petitioner is allowed. 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 Additional Sessions Judge-II-cum Special Judge, Excise Act, Madhubani in connection with Kaluahi PS Case No. 214 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 released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the

Patna High Court CR. MISC. No.9910 of 2024(2) dt.21-02-2024 3/3 proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.