Shravan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24255 of 2024 Arising Out of PS. Case No.-410 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== Shravan Singh Son of Jaimal Singh Resident of Village- Pandori Mahima, Amritsar Gramin, P.S.- Chatwind, District- Amritsar (Panjab) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Mishra For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Ujiyarpur P.S. Case No.410 of 2023 registered for the offence under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 6435.72 litre of illicit liquor from a truck bearing registration no.PB13AW4880.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from conscious physical

Patna High Court CR. MISC. No.24255 of 2024(2) dt.28-03-2024 2/3 possession of the petitioner rather the same was recovered from a truck, where, petitioner is driver of the said truck and he was no knowledge about the illegal consignment of the illicit liquor. It is further submitted that the petitioner has no concern with the alleged recovery of illicit liquor as well as vehicle in question. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 03.11.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Ujiyarpur P.S. Case No.410 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise - I, Samastipur subject to the condition that one of the bailors of the petitioner shall be close relative of the petitioner and the same shall be verified by the learned trial court itself.

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

Patna High Court CR. MISC. No.24255 of 2024(2) dt.28-03-2024 3/3 this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that after release petitioner have to present physically on each and every date before the Trial Court till conclusion of the trial of the case and if the petitioner would absent from his presence on two consecutive dates without any cogent reason, the bail bonds of the petitioner shall be cancelled by the learned trial court itself.

(Ramesh Chand Malviya, J) S.Katyayan/- U T