Patna High CourtCR. MISC./16907/2024bail granted

Manoj Kumar v. The State Of Bihar

2024-03-11Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16907 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Manoj Kumar Son of Videshi Yadav @ Bideshi Yadav, Resident of VillageJabra, P.S.- Hantarganj, Dist.- Chatra (jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Lakshmi Kant Sharma, 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 Excise (Sherghati) P.S. Case No. 23 of 2024 instituted for the offences punishable under Sections 30(a) and 56(b) of Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 100 liters of illicit liquor has been recovered from a motorcycle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovery of liquor or with the alleged motorcycle. No any incriminating article has been recovered from his conscious

Patna High Court CR. MISC. No.16907 of 2024(2) dt.11-03-2024 2/3 possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. Similarly situated co-accused namely, Dharambeer Kumar has already been granted bail by this Court vide order dated 06.03.2024 passed in Cr. Misc. No. 15602 of 2024. Moreover, the petitioner is languishing in judicial custody since 25.01.2024.

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 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 Exlcusive Excise Court No.3, Gaya in connection with Excise (Sherghati) P.S. Case No. 23 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

Patna High Court CR. MISC. No.16907 of 2024(2) dt.11-03-2024 3/3 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