Patna High CourtCR. MISC./15609/2024bail granted

Rampravesh Singh v. The State Of Bihar

2024-03-06Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15609 of 2024 Arising Out of PS. Case No.-334 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Rampravesh Singh, aged about 39 years, Male Son of Shree Narayan Singh, Resident of Village- Tenaura, P.S.- Chainpur, District- Kaimur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhash Pradhan, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chainpur PS Case No. 334 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 and Sections 25(1-b)a and 26 of the Arms Act.

3. As per the prosecution case, one country made pistol, 0.315 bore of four live cartridges, country made liquor (masala) and a motorcycle were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.15609 of 2024(2) dt.06-03-2024 2/3 falsely been implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner nor the vehicle belongs to him. Petitioner is in custody since 18.10.2023

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list, case diary and the impugned order of the learned Special Judge Excise No. 1cum-A.D.J.-IV, Kaimur at Bhabua dated 04.01.2024, it appears that there is no any independent witness of the seizure list and recovered motorcycle belongs to the brother of the petitioner, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise No.1-cum-A.D.J.-IV, Kaimur at BHhabua in connection with Chainpur PS Case No. 334 of 2023.

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 petitioner shall be released on

Patna High Court CR. MISC. No.15609 of 2024(2) dt.06-03-2024 3/3 bail on 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) Anand Kr.

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