Sakaldeo Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13808 of 2024 Arising Out of PS. Case No.-374 Year-2023 Thana- SONO District- Jamui ====================================================== Sakaldeo Sah Son of Baleshwar Sah R/o Village- Sarkanda, P.S.- Charkapaththar, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dipak Kumar, Adv.

For the Opposite Party/s :

Mr.Arun 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 Sono P.S Case No. 374 of 2023 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution case, total quantity of 100 litres of illicit foreign wine was recovered from two motorcycle riders.

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 nor he was arrested on the spot. Leaned counsel for the petitioner next submits that the

Patna High Court CR. MISC. No.13808 of 2024(2) dt.28-02-2024 2/3 name of the petitioner got surfaced in the present case on the confessional statement of one co-accused, namely, Anshu Kumar. On perusal of seizure list, it appears that there is no independent witness. The petitioner is in custody since 15.05.2023.

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 Exclusive Special Judge, Excise II, Jamui in connection with Sono P.S Case No. 374 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.13808 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