Shashi Bhushan Kumar @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8197 of 2024 Arising Out of PS. Case No.-1418 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.

SHASHI BHUSHAN KUMAR @ SONU KUMAR S/O OM PRAKASH SAH R/O VILLAGE- PARIHARA WARD NO. 7, P.S- BAKHARI, DISTT.- BEGUSARAI, AT PRESENT RESIDING AT MOHALLA SARITA BIHAR, P.S- K-HAT (SAHAYAK) DIST.- PATNA.

2.

SAURAB KUMAR S/O BIPIN SINGH R/O VILLAGE- PARIHARA WARD NO. 7, P.S- BAKHARI, DISTT.- BEGUSARAI, AT PRESENT RESIDING AT MOHALLA SARITA BIHAR, P.S- K-HAT (SAHAYAK) DIST.- PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with K. Hat (Maranga) P.S. Case No.1418 of 2023 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of 14.250 litres and 141 litres of illicit liquor from a Scooty and a rented room respectively.

4.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.8197 of 2024(2) dt.13-02-2024 2/3 petitioners has submitted that petitioner have falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from physical possession of the petitioners rather the same were recovered from a Scooty and a rented house. It is further submitted the petitioners have no concern with the alleged recovery of illicit liquor as well as vehicle and house. It is further submitted that petitioners are men of clean antecedent and they are in custody since 28.12.2023. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels.

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 petitioners, let both the petitioners, above named, are directed to be released on bail, after framing of the charge, in connection with K. Hat (Maranga) P.S. Case No.1418 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, 1st Purnia.

7.

However, the trial court is directed to

Patna High Court CR. MISC. No.8197 of 2024(2) dt.13-02-2024 3/3 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.

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