Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15494 of 2024 Arising Out of PS. Case No.-91 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== 1.

Ranjit Kumar Son Of Nandu Yadav Village -Bandhua Tola Ps- Muffasil Distt- Gaya 2.

Gaurav Kumar Son Of Bhukhan Yadav Resident Of Village - Ganjas, PsMuffasil, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Excise P.S. Case No. 91 of 2024 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, both the petitioners were apprehended on the spot and from a tempu total 200 liters of illicit liquor was recovered.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. They have no concern

Patna High Court CR. MISC. No.15494 of 2024(2) dt.05-03-2024 2/3 with the alleged recovery of liquor or with alleged tempu. No any incriminating article has been recovered from their conscious possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. Petitioners have got no criminal antecedent and they are languishing in judicial custody since 19.01.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties as well as period of custody of the petitioner, this Court is inclined to enlarge the petitioners on bail, let the petitioners above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.III, Gaya in connection with Excise P.S. Case No.91 of 2024.

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 petitioners shall be released on

Patna High Court CR. MISC. No.15494 of 2024(2) dt.05-03-2024 3/3 bail on 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) lata/- U T