Sarvan Kumar Kamat @ Sarban Choudhary @ Sarban Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12176 of 2024 Arising Out of PS. Case No.-7 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== Sarvan Kumar Kamat @ Sarban Choudhary @ Sarban Kamat S/O Rajendra Kamat R/O Village- Rahika Husainpur, Ps.- Rahika, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Rahika P.S Case No. 07 of 2022 registered for the offences punishable under Sections 272, 273/34 of the I.P.C and 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, total 150 litre illicit liquor was recovered from the tempo.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.12176 of 2024(2) dt.26-02-2024 2/3 petitioner. On perusal of seizure list there is no independent witness. It is next submitted that petitioner is not arrested on the spot. It is also submitted that petitioner is in judicial custody since 25.12.2023.

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 A.D.J.II cum Special JudgeExcise Act District- Madhubani in connection with Rahika P.S Case No. 07 of 2022.

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 charge-

Patna High Court CR. MISC. No.12176 of 2024(2) dt.26-02-2024 3/3 sheet has not been submitted then the petitioner shall 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) Mayank/- U T