Patna High CourtCR. MISC./12906/2024bail granted

Ashutosh Kumar v. The State Of Bihar

2024-02-27Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12906 of 2024 Arising Out of PS. Case No.-806 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== ASHUTOSH KUMAR S/O LATE BHOLENATH PATHAK R/O VILLAGEPURANI JAKANPUR, HOUSE NO. JKSE-39, P.S- JAKANPUR, DISTT.- PATNA, BIHAR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarvesh Kashyap For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Gardanibag P.S. Case No. 806 of 2023, registered for the offence under Sections 30(a), 32(2), 32(3), 36, 41(2)(1) of the Bihar Prohibition and Excise Act.

3. As per FIR, there is recovery of 258.5 litres of foreign liquor from the Brezza Car bearing Registration No. UP32JJ-4548.

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 physical possession of

Patna High Court CR. MISC. No.12906 of 2024(2) dt.27-02-2024 2/3 the petitioner rather the same was recovered from a car. It is further submitted that the petitioner is neither owner nor driver fo the car, in question. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner has one criminal antecedent as stated in para 3 of the bail petition and he is in custody since 05.12.2023.

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 Gardanibag P.S. Case No. 806 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,Excist Ist, Patna.

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 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

Patna High Court CR. MISC. No.12906 of 2024(2) dt.27-02-2024 3/3 that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) sanjeev/- U T