Basant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9964 of 2024 Arising Out of PS. Case No.-49 Year-2023 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== Basant Kumar Son Of Lukhar Manjhi @ Lukhar Mazi R/O-Singhchak, P.S.- kiul, Distt.-lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra 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 Bannubagicha P.S Case No. 49 of 2023 registered for the offences punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, total 40 litres illicit liquor was recovered from the sack.

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

Patna High Court CR. MISC. No.9964 of 2024(2) dt.21-02-2024 2/3 petitioner. It is also submitted that petitioner is in judicial custody since 04.12.2023. Petitioner got no criminal antecedent as stated in para 3 of the petition.

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 Additional Sessions Judge -Vcum- Exclusive Special Court II, Excise Act, Lakhisarai connection with Bannubagicha P.S Case No. 49 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 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.9964 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