Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11955 of 2024 Arising Out of PS. Case No.-872 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Rishi Kumar S/O Baijnath Paswan R/O Village- Sitabigha, P.S- Sasaram, Distt.- Rohtas.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rahul Kumar Singh, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, total 262.8 liters of IMFL has been recovered from two tempo.

4. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. He next submits that similarly situated co-accused persons have already been granted bail by this Court passed in Cr. Misc. No. 15608 of 2024 and he is in custody since 25.11.2023.

5.

Learned APP appearing for the State, op-

Patna High Court CR. MISC. No.11955 of 2024(4) dt.19-04-2024 2/2 poses the prayer for bail of the petitioner.

6.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner be directed to be released on bail after framing of the charge in connection with Excise P.S. Case No.872 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-II, Aurangabad.

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 petitioners shall be released on bail on furnishing bail bond with further condition that the petitioners 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) Brajesh Kumar/- U T