Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14667 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== Sunil Kumar Singh S/o Nandlal Singh R/o vill - Bhaluhi Rasul, P.S. - Sahebganj, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.R.S Sahay, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, 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 is in custody in connection with Dhanaha P.S Case No. 227 of 2023 registered for the offences punishable under Sections 420, 467, 468, 120(B), 34 Indian Penal Code and 30(a), 36, 41 (i) of Bihar Prohibition and Excise Act.

3. As per prosecution case, total 2664 illicit liquor was recovered from the vehicle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating articles has

Patna High Court CR. MISC. No. 14667 of 2024(2) dt.29-02-2024 2/3 been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent as stated in para 3 of the petition. It is also submitted that petitioner is in judicial custody since 10.11.2023.

5. However, learned APP for the State oppose 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, Bagaha, West Champaran in connection with Dhanaha P.S Case No. 227 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-

Patna High Court CR. MISC. No. 14667 of 2024(2) dt.29-02-2024 3/3 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) Mayank/- U T