Patna High CourtCR. MISC./12368/2024bail granted

Md Asgar Nadaf @ Asgar Nadaf v. The State Of Bihar

2024-02-26Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12368 of 2024 Arising Out of PS. Case No.-605 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Md Asgar Nadaf @ Asgar Nadaf Son of Safique Nadaf Resident of VillageDhuniya Jhitki, P.S.-Nanpur (Bokhra), Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Nanpur P.S Case No. 605 of 2023 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, total 3435.840 litre illicit liquor was recovered from container.

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

Patna High Court CR. MISC. No.12368 of 2024(2) dt.26-02-2024 2/3 petitioner. It is next submitted that one of the co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 16.02.2024 passed in Cr. Misc. No. 6731 of 2024. It is also submitted that petitioner is in judicial custody since 11.12.2023.

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 Exclusive Special Excise Court No. II, Sitamarhi in connection with Nanpur P.S Case No. 605 of 2023.

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

Patna High Court CR. MISC. No.12368 of 2024(2) dt.26-02-2024 3/3 this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall 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