Patna High CourtCR. MISC./13560/2024bail granted

Dharmendra Mahto @ Dharmendra Kumar v. The State Of Bihar

2024-02-28Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13560 of 2024 Arising Out of PS. Case No.-183 Year-2023 Thana- KALER District- Jehanabad ====================================================== Dharmendra Mahto @ Dharmendra Kumar SON OF MAHESH MAHTO R/O VILLAGE- ITA BHATA ICHDA, P.S.- JADUGORA, DISTRICT- PURBI SINGH BHUM (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, 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 Kaler P.S Case No. 183 of 2023 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, total 120 litres of illicit foreign liquors was recovered from Dezire Car bearing Registration No. JHO1X 9721.

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. The petitioner being driver of the said car had no knowledge about the illicit liquor

Patna High Court CR. MISC. No.13560 of 2024(2) dt.28-02-2024 2/3 kept in the car. Leaned counsel for the petitioner next submits that from perusal of the seizure list it appears that there was no any independent witness. It has been stated in para-3 of the instant bail petition, it has been stated that the petitioner has no criminal antecedent. The petitioner is in custody since 16.12.2023.

5. However, learned APP for the State opposed 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 Special Judge Excise-II, Jehanabad in connection with Kaler P.S Case No. 183 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

Patna High Court CR. MISC. No.13560 of 2024(2) dt.28-02-2024 3/3 and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) perwez U T