Md Rijvi @ Vicky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8358 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- SULTANGANJ District- Patna ====================================================== Md Rijvi @ Vicky Son of Md Aleem @ Md. Alim @ Haleem Cheek Resident of New Azimabad Colony, PS- Sultanganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sultanganj P.S. Case No. 354 of 2023 registered for the offence under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act.

3. It is a case of recovery of 423.36 liters of english liquor from a pick-up van bearing registration No. BR01GD-3208.

4. Learned counsel for the petitioner submits that the petitioner is innocent committed no offence and has falsely been implicated in the present case.

5. However, learned APP for the State opposed the prayer for regular bail.

Patna High Court CR. MISC. No.8358 of 2024(2) dt.15-02-2024 2/2

6. Having heard learned counsel for the parties, perused the FIR, seizure list, bail petition and impugned order dated 10.01.2024 passed by learned Exclusive Special Court of Excise, Patna City, it appears that petitioner was not apprehended on the spot and no recovery was made from the possession of the petitioner. Considering the aforesaid facts and circumstances, the above named petitioner is directed to be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Patna City in connection with Sultanganj P.S. Case No. 354 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 receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been framed then the petitioner shall present physically on each on every date before the Trial Court till conclusion of the proceeding. (Ramesh Chand Malviya, J) saurabhkr/- U T