Patna High CourtCR. MISC./17556/2024bail granted

Kamlesh Kumar Singh @ Kamlesh Kumar v. The State Of Bihar

2024-03-11Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15752 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Ashok Kumar Son of Jay Kishun Singh Resident of Fathepur wala, Police Station Musarigharari, District- Samastipur, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 17556 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Kamlesh Kumar Singh @ Kamlesh Kumar S/O Ramvilash Singh R/O Village- Phatepurwala, P.S- Musrigharari, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 15752 of 2024) For the Petitioner/s :

Mr.Kundan Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad (In CRIMINAL MISCELLANEOUS No. 17556 of 2024) For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Musrigharari P.S Case No. 212 of 2023 registered for the offences punishable under Sections 30(a), 32,

Patna High Court CR. MISC. No.15752 of 2024(2) dt.11-03-2024 2/3 41(1) of Bihar Excise and Prohibition Act, 2022.

3. As per prosecution case, total 3510 litre illicit liquor was recovered from the tanker.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioners. Petitioner are not arrested on the spot and they have no concerned with the said recovery. It is also submitted that petitioners are in judicial custody since 17.01.2024 and 23.12.2023 respectively.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.

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 petitioners, let the above named petitioners be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.15752 of 2024(2) dt.11-03-2024 3/3 each to the satisfaction of learned Special Judge Excise I, Samastipur in connection with Musrigharari P.S Case No. 212 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 chargesheet has not been submitted then the petitioners shall be released on bail on the above conditions and they 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