Rishu Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13969 of 2024 Arising Out of PS. Case No.-636 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Rishu Raj S/o Mukesh Kumar R/o vill - Gobar Sahi Chauck Muzaffarpur, P.S. - Muzaffarpur Sadar, Distt. - Muzaffarpur .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Kumar, Adv.

For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Kochaikot P.S Case No. 636 of 2023 registered for the offences punishable under Sections 30(a) of Bihar Prohibition Excise Act, 2018.

3. As per prosecution case, total 241.92 litres of illicit liquor was recovered from a Swift Dezire Car bearing Registration No. BROCN 8438.

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 petitioner. Leaned counsel for the petitioner next submits that petitioner is arrested on the spot and he is said to be the driver of the said car only and he had no knowledge about the illicit liquor kept in the car. It is also submitted that petitioner is in judicial custody since 28.12.2023.

5. However, learned APP for the State opposed the prayer

Patna High Court CR. MISC. No.13969 of 2024(2) dt.28-02-2024 2/2 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 Additional Sessions Judgecum Exclusive Special Judge, Excise-Court-II, Gopalganj in connection with Kochaikot P.S Case No. 636 of 2023.

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-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) perwez U T