Om Prakash Kumar @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10808 of 2024 Arising Out of PS. Case No.-270 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Om Prakash Kumar @ Raja Kumar Son of Umesh Prasad Yadav @ Umesh Rai Resident of 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, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Ganga Bridge P.S. Case No.270 of 2023 registered for the offence under Sections 467, 468, 471, 420 and 120(B)/34 of the Indian Penal Code and Section 30(a), 36, 41(i) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 981.360 litre of illicit liquor from a pickup van.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from physical possession of

Patna High Court CR. MISC. No.10808 of 2024(2) dt.22-02-2024 2/3 the petitioner rather the same was recovered from a pickup van. It is further submitted the petitioner has no concern with the alleged recovery of illicit liquor as well as vehicle in question. It is also submitted that similarly situated co-accused persons have already been granted bail by this Court through Cr. Misc. No. 8256 of 2021 and Cr. Misc. No. 9821 of 2024 on 13.02.2024. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 09.12.2023. It is also submitted that investigation of this case has been completed, for which, chargesheet has already been submitted in this case. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Ganga Bridge P.S. Case No.270 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise, Court No.1cum-Additional District & Sessions Judge, Vaishali at Hajipur. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a

Patna High Court CR. MISC. No.10808 of 2024(2) dt.22-02-2024 3/3 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 above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T