Kaushal Kumar Kaushal @ Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10036 of 2024 Arising Out of PS. Case No.-270 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Kaushal Kumar Kaushal @ Kaushal kumar Son of Ratnesh Prasad Yadav Resident of vill.-Lal Pokhar Dighi, P.S.-Sadar Hajipur, Distt.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikramadit, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, 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 is in custody in connection with Ganga Bridge P.S Case No. 270 of 2023 registered for the offences punishable under Section 467, 468, 471, 420, 120(B)/34 of the I.P.C. and Section 30 (a), 36, 41 (i) of Bihar Prohibition and Excise Act, Amended 2018.

3. As per allegation in the FIR, Petitioner and co-accused were lising the pick up vehicle in which total 981.360 litre illicit liquor was recovered.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case.

Patna High Court CR. MISC. No.10036 of 2024(2) dt.21-02-2024 2/3 He further submits that nothing has been recovered from the conscious possession of petitioner and such recovery is from Pick up vehicle. It is also submitted that petitioner is in judicial custody since 09.12.2023.

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

6. On perusal of the FIR, impugned order and period of custody and also 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 Court of Exclusive Special Excise, Court No. 1, cum Additional District & Sessions Judge, Vaishali at Hajipur in connection with Ganga Bridge P.S Case No. 270 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of

Patna High Court CR. MISC. No.10036 of 2024(2) dt.21-02-2024 3/3 this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he 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) Mayank/- U T