Sheshnath Ray @ Fitilal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16082 of 2024 Arising Out of PS. Case No.-1093 Year-2023 Thana- SONEPUR District- Saran ====================================================== Sheshnath Ray @ Fitilal Ray Son of Late Supan Ray Resident of Sabalpur, Hasti Tola, Naurasiya, P.S. Sonpur, District Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Vardhan Narayan, Adv For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-03-2024 Heard learned cousnel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sonepur Excise P.S.Case No. 1093 of 2023 instituted for the offences punishable under Section 30(a), 32, 36, 47 of Bihar Prohibition & Excise Amendament Act.

3. As per the prosecution case, on secret information total 696.81 liters of liquor was recovered from the truck bearing Reg. No. UP 64 H- 3768.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither driver of the said vehicle nor the owner of the seized vehicle and he has no concern about the said liquor. The petitioner was not arrested on the spot. The petitioner is in custody since 06.01.2024. The petitioner has got

Patna High Court CR. MISC. No.16082 of 2024(3) dt.06-03-2024 2/2 one criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP opposes the prayer for bail

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner, let the petitioner above named, is directed to be released on bail after framing of the charge be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judger- II Saran, Chapra /concerned court in connection with Sonpur P.S.Case No. 1093 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 above named petitioner shall be released on bail on furnishing bail bond with further conditions that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

N.K/- (Ramesh Chand Malviya, J) U T