Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12615 of 2024 Arising Out of PS. Case No.-332 Year-2021 Thana- BAKHARI District- Begusarai ====================================================== Prince Kumar S/o Chandra Bhushan Mahto R/o Village- Samasa, Gudaam Tola, Ward No. 12, P.S.- Naokothi, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bakhri P.S. Case No. 332 of 2021, registered for the offence under Section 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3.

As per FIR, there is recovery of 2964.96 litres of Indian made foreign liquor from the truck bearign Registration No.BR11L-8911.

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

Patna High Court CR. MISC. No.12615 of 2024(2) dt.27-02-2024 2/3 liquor as well as vehicle in question. It is further submitted that the petitoner is not named in the F.I.R. and other co-accused person has already been granted bail. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner has one criminal antecedent and he is in custody since 29.12.2023.

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 Bakhri P.S. Case No. 332 of 2021, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge,Excise Court No.-II, Begusarai.

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

Patna High Court CR. MISC. No.12615 of 2024(2) dt.27-02-2024 3/3 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 T