Sagar Kumar @ Tulsi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8851 of 2024 Arising Out of PS. Case No.-216 Year-2023 Thana- DEV District- Aurangabad ====================================================== Sagar Kumar @ Tulsi Kumar S/o- Ram Raj Paswan Village- Ajaniya Po- Erki Ps- Deo Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Sinha, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Deo P.S Case No. 216 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act 2018.

3. As per allegation in the FIR, total 100 litres of country made liquor was recovered from a motorcycle during patrolling of the police.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that nothing has been recovered from

Patna High Court CR. MISC. No.8851 of 2024(2) dt.16-02-2024 2/3 the possession of the petitioner, petitioner has got clean antecedent as stated in para-3 of the petition and he is in judicial custody since 12.12.2023. The petitioner has got no criminal antecedent as stated in para 3.

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

6. 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 Special Judge, Excise-01, Aurangabad in connection with Deo P.S Case No. 216 of 2023

7. The trial court is directed to conclude the proceeding of framing of charge according to law a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall

Patna High Court CR. MISC. No.8851 of 2024(2) dt.16-02-2024 3/3 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