Samir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9085 of 2024 Arising Out of PS. Case No.-75 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== Samir Ansari, Male, aged about 20 years, Son of Sahid Ansari @ Shahid, Resident of Village-Laar Bazar, P.S.-Laar, District-Deoria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Maharajganj Excise PS Case No. 75 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, total 345.600 liters illegal foreign liquor has been recovered from a Hyundai Car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Nothing has been recovereed from the conscious possession of the petitioner. Petitioner is the driver of the said vehicle and he is not aware of the seized articles. Petitioner is not the owner of the said

Patna High Court CR. MISC. No.9085 of 2024(2) dt.17-02-2024 2/2 vehicle. Petitioner has got no criminal antecedent as stated in para-3 of the petition. Petitioner is in custody since 09.12.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No. II, Siwan in connection with Maharajang (Excise) PS Case No. 75 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 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 petitioner shall be released on bail on 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) Anand Kr.

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