Shankar Kumar Gupta @ Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15744 of 2024 Arising Out of PS. Case No.-391 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Shankar Kumar Gupta @ Shankar Kumar Son of Dayanand Prasad Gupta @ Dayanand Gupta Resident of Village Chhath Pokhar, Tatma Toli, Ward No. 26, Police Station- K. Hat, District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Jha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== 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 is in custody in connection with Sadar Mufassil (M) P.S Case No. 391 of 2023 registered for the offences punishable under Sections 30(a) of Bihar Excise Act, 2016.

3. As per prosecution case, total 15.750 litre illicit liquor was recovered from the house.

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

Patna High Court CR. MISC. No.15744 of 2024(2) dt.06-03-2024 2/3 been recovered from the conscious possession of the petitioner. Petitioner is not arrested on spot. It is also submitted that petitioner is in judicial custody since 21.12.2023.

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)-01, Purnia in connection with Sadar Mufassil (M) P.S Case No. 391 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.15744 of 2024(2) dt.06-03-2024 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