Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11201 of 2024 Arising Out of PS. Case No.-970 Year-2023 Thana- Excise P.S. District- Lakhisarai ====================================================== Rakesh Kumar Son of Vishnu Rai R/o Kila Road, Bakshi Maidan, P.s. - City Chowk, Patna city, Distt. - Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar Ojha For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-02-2024 Heard learned counsel appearing on behalf of the parties.
2. The petitioner seeks bail in connection with Excise P.S. Case No. 970C2/2023, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per FIR, there is recovery of 106.200 litre of country-made liquor from the possession of the petitioner.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from physical possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery of illicit liquor. It is submitted
Patna High Court CR. MISC. No.11201 of 2024(2) dt.22-02-2024 2/3 that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner has a criminal antecedent of similar nature as stated in para 3 of the bail petition and he is in judicial custody since 07.12.2023.
5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances 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, in connection with Excise P.S. Case No. 970C2/2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-V-cumExclusive Act, Lakhisarai.
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 condition that the petitioner have to present physically on each and every
Patna High Court CR. MISC. No.11201 of 2024(2) dt.22-02-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) sanjeev/- U T