Pintu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10357 of 2024 Arising Out of PS. Case No.-364 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Pintu Das Son Of Late Surendra Das Resident Of Mohalla Purvi Untta, P.S. And District-Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, 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 Jehanabad P.S Case No. 364 of 2019 registered for the offences punishable under Sections 30(a) of Bihar Prohibition & Excise Act, 2018.

3. As per allegation in the FIR, total 50 litre illicit liquor was recovered from the house of petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that no incriminating article has been recovered from the possession of the petitioner. On

Patna High Court CR. MISC. No.10357 of 2024(2) dt.21-02-2024 2/3 perusal of seizure list there is no independent witness. It is also submitted that petitioner is in judicial custody since 06.01.2024.

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 Special Judge Excise Court No- II, Jehanabad in connection with Jehanabad P.S Case No. 364 of 2019

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 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.10357 of 2024(2) dt.21-02-2024 3/3 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