Patna High CourtCR. MISC./11672/2024bail granted

Gyan Singh v. The State Of Bihar

2024-02-23Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11672 of 2024 Arising Out of PS. Case No.-1638 Year-2023 Thana- Excise P.S. District- Kishanganj ====================================================== Gyan Singh S/O Shankar Singh Resident Of Rajiv Gandhi Nagar, Plot No. 52e, Ps. Ram Nagariya, Dist. Jaipur (RAJASTHAN). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghwendra Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Excise @ Madya Nisedh P.S Case No. 1638 of 2023 registered for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise (Amendment Act), 2018.

3. As per F.I.R., 569.400 litres of illicit liqour has been recovered from Bolero vehilce.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the petitioner is not owner of the

Patna High Court CR. MISC. No.11672 of 2024(2) dt.23-02-2024 2/3 Bolero vehicle. It is also submitted that petitioner is in judicial custody since 30.11.2023.

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 District and Sessions Judge, IV, Special Judge (Excise-II), Kishanganj in connection with Excise @ Madya Nisesh P.S Case No. 1638 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.11672 of 2024(2) dt.23-02-2024 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) Guddu/- U T