Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20202 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.
Ankit Kumar S/o Bal Kishan R/o Vill and P.S. - Garh Mukteshwar, Dist. - Hapur (U.P.) 2.
Narendra Singh S/o Chandrapal Singh R/o Vill - Fareedpur P.S. - Gajroula, Dist. - Amroha (U.P.) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Kumar For the Opposite Party/s :
Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in connection with Saraiya P.S Case No. 35 of 2024 registered for the offences punishable under Sections 30(a), 32(2), 32(3), 36, 41(1), 41(2) of Bihar Prohibition and Excise Act and Sections 272/273/34 of the IPC.
3. As per prosecution case, total 55.08 litres of illicit country liquor was recovered from a Volkswagen car bearing Registration no. DL3CBY-1179 wherein these petitioners were found.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.20202 of 2024(3) dt.19-04-2024 2/3 petitioners have falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioners. Leaned counsel for the petitioners next submits that the perusal of the seizure list reveals that there is no independent witness to the said seizure. The petitioners are in custody since 15.01.2024. Similarly situated co-accused persons have already been granted bail by coordinate Bench of this court in Cr. Misc. No. 13815 of 2024 vide order dated 28.02.2024.
5. However, learned APP for the State opposed the prayer for regular bail of the petitioners.
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 petitioners 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) Court-II, Muzaffarpur in connection with Saraiya P.S Case No. 35 of 2024.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a
Patna High Court CR. MISC. No.20202 of 2024(3) dt.19-04-2024 3/3 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 petitioners 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 proceeding of framing of charge.
(Ramesh Chand Malviya, J) saurabhkr/- U T