Patna High CourtCR. MISC./14327/2024bail granted

Anil Yadav v. The State Of Bihar

2024-02-29Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14327 of 2024 Arising Out of PS. Case No.-456 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Anil Yadav, aged about 34 years, Male Son of Lalita Yadav @ Lalit Yadav Resident of Village- Chaube Tola, P.S.- Kotwa (Bhopatpur O.P.), DistrictEast Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, 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 seeks bail in connection with Kotwa (Bhopatpur O.P.) PS Case No. 456 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 3.750 liters of foreign liquor has been recovered from a bag.

4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and has falsely been implicated in this case. Petitioner was not arrested at the

Patna High Court CR. MISC. No.14327 of 2024(2) dt.29-02-2024 2/3 spot and nothing incriminating articles have been recovered from the conscious possession or house of the petitioner rather the alleged liquor was recovered from a bag.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list and impugned order of the learned Exclusive Special Excise Court No. 1, East Champaran at Motihari dated 25.01.2024, it appears that the recovery is from the bag and not the conscious possession of the petitioner or his house. Petitioner is in custody since 06.01.2024, 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 Exclusive Special Excise Court No. 1, Motihari, East Champaran in connection with Kotdwa (Bhopatpur O.P.) PS Case No. 456 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 bail on above conditions and he shall be present physically on

Patna High Court CR. MISC. No.14327 of 2024(2) dt.29-02-2024 3/3 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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