Akha Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15954 of 2024 Arising Out of PS. Case No.-315 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Akha Ram S/O Hema Ram R/o Tejiyavas, P.S.-Guda Malani, District-Barmer, Rajasthan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumit Shekhar Pandey, Adv For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-03-2024 Heard learned cousnel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Buxar Industrial Area P.S.Case No. 315 of 2023 instituted for the offences punishable under Section 30(a) of Bihar Prohibition & Excise Amendament Act.
3. As per the prosecution case, total 6651 liters of liquor was recovered from truck bearing Reg. No. RJ 27GB 0451.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither driver of the said vehicle nor he has any concern about the said liquor. No incriminating material has been recovered from the conscious possession of the petitioner and no independent witness of the seizure list. The
Patna High Court CR. MISC. No.15954 of 2024(2) dt.06-03-2024 2/3 petitioner is in custody since 01.12.2023, has got no criminal antecedent stated in para-3 of the bail petition
5. Learned APP opposes the prayer for bail
6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner, let the petitioner above named, is directed to be released on bail after framing of the charge be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court Excise-I Buxar/ concerned court in connection with Buxar Industrial Area P.S.Case No. 315 of 2023.
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 conditions 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) N.K/- U T
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