Patna High CourtCR. MISC./13962/2024bail granted

Amit Singh v. The State Of Bihar

2024-02-28Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13962 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- Excise P.S. District- Jamui ====================================================== AMIT SINGH S/O RAJENDRA PRASAD SINGH @ RAJENDRA PRASAD SINGH R/O CHAKBALLI, P.S- BARAUNI, DISTT.- BEGUSARAI. PRESENTLY RESIDING AT PLOT NO.- 466, MANMOHAN COOPERATIVE COLONY, P.S- SECTOR 12 (B.S. CITY), DISTT.- BOKARO, JHARKHAND.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar, Adv.

For the Opposite Party/s :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with JAM P.S Case No. 85 of 2024 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, total quantity of 69 litres of illicit foreign liquor was recovered from a Hyundai Car of the petitioner bearing Registration No. JH10AH-0731.

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 been recovered from

Patna High Court CR. MISC. No.13962 of 2024(2) dt.28-02-2024 2/3 the conscious possession of the petitioner. Leaned counsel for the petitioner next submits that the perusal of the seizure list reveals that there is no independent witnesses to the said seizure and the petitioner is in custody since 29.01.2024.

5. However, learned APP for the State opposed 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 Exclusive Special Judge, Excise-II, Jamaui in connection with JAM P.S Case No. 85 of 2024.

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-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

Patna High Court CR. MISC. No.13962 of 2024(2) dt.28-02-2024 3/3 proceeding of framing of charge.

(Ramesh Chand Malviya, J) perwez U