Patna High CourtCR. MISC./10911/2024bail granted

Md. Faruk v. The State Of Bihar

2024-02-22Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10911 of 2024 Arising Out of PS. Case No.-172 Year-2023 Thana- BALRAMPUR District- Katihar ====================================================== Md. Faruk Son of Md. Nazir R/o Purandaha, P.S.- Triveniganj, Dist.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== 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 Balrampur P.S. Case No. 172 of 2023, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per FIR, there is recovery of 160.500 litre of English wine reocvered from Tata white colour vehicle bearing Registration No.BR-11BE-9646.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is further submitted that the petitioner has no concern with the alleged recovery of illicit liquor as well as vehicle in question. It is further submitted that petitioner is a man of clean antecedent as stated in para 3 of the bail application and he is in custody since 14.12.2023.

Patna High Court CR. MISC. No.10911 of 2024(2) dt.22-02-2024 2/2

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 Balrampur P.S. Case No. 172 of 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 Court of Exclusive Special Excise Court No.-1, Katihar.

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 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) sanjeev/- U