Patna High CourtCR. MISC./13670/2024bail granted

Umesh Ram v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13670 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Umesh Ram son of Sukhdev Ram, R/O Village-Mehtar Patti, PS-Basopatti, Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar, Adv.

For the Opposite Party/s :

Mr.Upendra 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 Basopatti P.S Case No. 154 of 2023 registered for the offences punishable under Sections 272, 273/34 of the IPC and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, total quantity of 225 litres of illicit liquor was recovered from three motorcycles having registration nos. BR32F 2318, BR32M 8444 and BRO6K 6717.

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

Patna High Court CR. MISC. No.13670 of 2024(2) dt.28-02-2024 2/3 the conscious possession of the petitioner. Leaned counsel for the petitioner next submits that the said motorcycle wherefrom recovery has been made does not belong to the petitioner. In para-3 of the present petition, it has been stated that the petitioner has no criminal antecedent. The petitioner is in custody since 08.07.2023.

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 Additional Sessions Judge-IIcum-Special Judge, Excise Act, Madhubani in connection with Basopatti P.S Case No. 154 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

Patna High Court CR. MISC. No.13670 of 2024(2) dt.28-02-2024 3/3 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