Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14342 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- Excise P.S. District- Madhubani ====================================================== Arun Kumar, Male, aged about 25 years, Son of Subodh Sah, Resident of Village- Narsam, Ward no.8, P.S.- Bisfi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Shaheen Begum, 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 G.O. Case No. 102 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 270 liters of illicit liquor has been recovered from the vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Nothing incriminating has been recovered from the possession of the petitioner though the seized liquor is recovered from the four-wheeler vehicle.

Patna High Court CR. MISC. No.14342 of 2024(2) dt.29-02-2024 2/3 Petitioner has got no criminal antecedent.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list and impugned order of the learned Additional Sessions Judge-II-cum- Special Judge, Excise Act, Madhubani dated 29.01.2024, it appears that total 270 liters of illicit liquor has been recovered from the vehicle. The apprehended persons stated that the recovered liquor and vehilce belongs to Nikesh Jha. Petitioner is in custody since 10.01.2024, 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 A.D.J.II-cum-Special Judge Excise Act, Madhubani in connection with G.O. Case No. 102 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 petitioner shall be released on bail on 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.14342 of 2024(2) dt.29-02-2024 3/3 proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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