Krishna Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11543 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== Krishna Patel, aged about 50 years (M), Son Of Late Kedar Patel, Resident Of Village- Murtiya, PS- Adapur, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Adapur P.S. Case No.-354 of 2023 registered for the offence punishable under Sections 30(a), 32 and (41(i) of the Bihar Prohibition and Excise Act. 3.

As per allegation in the FIR, total 327 liters of Nepali Kasturi was recovered from the ten bags. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in this and the name of the petitioner surfaced on the basis of confessional statement of co-accused. He further submits that he has no concern with the alleged recovery of liquor. On perusal of the seizure list there was no independent witness. Petitioner has got clean antecedent as stated in para-3 of the petition and petitioner is in custody since 29.12.2023.

Patna High Court CR. MISC. No.11543 of 2024(2) dt.23-02-2024 2/2 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and alleged liquor has not been recovery from the conscious physical possession of this petitioner, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Adapur P.S. Case No.354 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.2, Motihari, East Champaran. 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 above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T