Pintu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14474 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- GURUA District- Gaya ====================================================== Pintu Yadav, Male, aged about 26 years, Son of Nanhak Yadav, Resident of Village- Kurashin, P.S. Amas, District- Gaya, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Gurua PS Case No. 4 of 2024 instituted for the offences punishable under Sections 414,467,468,420 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. As per the prosecution case, total 70 liters illicit liquor on a stolen motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to dirty village politics.
Patna High Court CR. MISC. No.14474 of 2024(2) dt.29-02-2024 2/3 It is further submitted that the country made liquor has been recovered from the motorcycle and not from the conscious possession of the petitioner. Petitioner is no concerned with the alleged motorcycle.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR, seizure list and impugned order of the learned Exclusive Special Excise Court No. V, Gaya dated 09.01.2024, it appears that there is no any independent witness of the seizure list and petitioner has no concern with the alleged recovery. Petitioner is in custody since 04.01.2024, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. V, Gaya in connection with Gurua PS Case No. 4 of 2024.
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 petitioner shall be released on bail on above conditions and he shall be present physically on
Patna High Court CR. MISC. No.14474 of 2024(2) dt.29-02-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Anand Kr.
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