Monu Thakur @ Monu Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9762 of 2024 Arising Out of PS. Case No.-370 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== Monu Thakur @ Monu Kumar Thakur, Male, aged about 23 years, Son of Birju Thakur R/o vill - Karrakh, P.S. - Bibhutipur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Bibhutipur P.S. Case No.370 of 2021 registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

3. As per allegation in the FIR, total 4518 liters of foreign liquor was recovered from a truck bearing registration no.AS23AC5259.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and petitioner has not been arrested at the spot and his name transpired during course of investigation and he has no concern with the seized truck. Petitioner is in custody since 09.01.2024.

5. However, learned APP for the State opposes the

Patna High Court CR. MISC. No.9762 of 2024(2) dt.19-02-2024 2/2 prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and submission made on behalf of the petitioner, the prayer for regular bail of the petitioner is allowed. Accordingly, let the above named petitioner be released on bail after framing of the charge on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Vasant Kumar, Exclusive Special Judge, Excise-I, Samastipur/concerned Court in connection with Bibhutipur P.S. Case No. 370 of 2021.

7. The trial Court is directed to conclude the proceeding of framing of charge according to the law within a period of 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 above conditions and the petitioner 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) Brajesh Kumar/- U T