Vishal Kumar Bhagat @ Vishal Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19587 of 2024 Arising Out of PS. Case No.-1208 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== VISHAL KUMAR BHAGAT @ VISHAL BHAGAT S/O- LALIT BAGAT R/O- VILLAGE- GUNAKARPUR, P.S.- LAKHANAPUR, DIST.- MADHUBANI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR , PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2024 Let the defect(s) as pointed out by the Stamp Reporter be removed.

2. Heard learned counsel appearing on behalf of the parties.

3. The petitioner seeks bail in a case registered for the offence under Sections 30(a), 36 and 41 of the Bihar and Prohibition and Excise Act.

4. Altogether 2340 liters of foreign liquor is said to have been recovered from a truck.

5.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case due to village dirty party politics. He next submits that petitioner was not arrested at the spot and similarly situated co-accused has been granted anticipatory bail by this Court passed in Cr.

Patna High Court CR. MISC. No.19587 of 2024(2) dt.16-04-2024 2/2 Misc. No. 61209 of 2023 and petitioner is in custody since 11.12.2023.

6.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 7.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Forbesganj P.S. Case No.1208 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-I, District- Araria.

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 submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner has to be present physically on each and every date before the Trial Court till conclusion of the trial. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T