Subodh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8413 of 2024 Arising Out of PS. Case No.-359 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Subodh Ray SON OF YOGENDRA RAY Resident of Village- Vajitpur Meyari, P.S.- Sarairanjan, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-02-2024 Learned counsel for the petitioner is permitted to make correction in para 14, the date of custody in the course of the day.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks regular bail in connection with Sarairanjan P.S. Case No. 359 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act - 2022 (Amended).

4. It is a case of recovery of total 302.160 liters illicit liquor from the house of the petitioner.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner is in custody since 08.01.2024.

Patna High Court CR. MISC. No.8413 of 2024(2) dt.15-02-2024 2/2

6. However, learned APP for the State vehemently opposed the prayer for regular bail.

7. Having heard both the parties, perused the first information report, seizure list, bail petition and impugned order dated 08.01.2024 passed by learned Special Judge (Excise) - 02, Samastipur. Considering the aforesaid facts and circumstances, the period of custody of the petitioner, the above named petitioner is directed to be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Court of learned Special Judge (Excise) - 02, Samastipur in connection with Sarairanjan P.S. Case No. 359 of 2023.

8. 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 framed then the petitioner shall present on each and every date before the Trial Court till conclusion of the proceeding. (Ramesh Chand Malviya, J) saurabhkr/- U T