Shashi Kant Jha @ Pintu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16819 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Shashi Kant Jha @ Pintu Jha S/O Late Ram Chandra Jha R/O Village - Bangrhatta, P.S. - Singhia, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Sanjay, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Musarigharari P.S. Case No. 207 2023 instituted for the offences punishable under Sections 30(a), 32 and 41(i) of Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, total 441 liters of illicit liquor has been recovered from two vehicles and in front of the courier company office.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. As per seizure list, only one mobile of redmi company has been

Patna High Court CR. MISC. No.16819 of 2024(2) dt.11-03-2024 2/3 recovered from possession of the petitioner and no any incriminating article has been recovered from his conscious possession. He has no concern with the alleged recovery of liquor or with the vehicles in question. The other co-accused persons have already been granted bail by this Court vide order dated 26.02.2024 passed in Cr. Misc. No. 11958 of 2024 and 12382 of 2024. Moreover, the petitioner is languishing in judicial custody since 08.12.2023.

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 petitioner on bail, 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 exclusive Special Judge Excise-I, Samastipur in connection with Musarigharari P.S. Case No. 207 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

Patna High Court CR. MISC. No.16819 of 2024(2) dt.11-03-2024 3/3 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 proceeding of framing of charge.

(Ramesh Chand Malviya, J) lata/- U T