Patna High CourtCR. MISC./17278/2024bail granted

Jitendra Sahni v. The State Of Bihar

2024-03-12Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17278 of 2024 Arising Out of PS. Case No.-13 Year-2023 Thana- BIBIGANJ District- Kishanganj ====================================================== Jitendra Sahni Son Of Yogendra Sahni @ Yogendra Mukhiya Resident Of Village- Chichora, Ps- Bibiganj, Dist- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bibiganj P.S. Case No. 13 of 2023 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 144 liters of Nepali liquor has been recovered from the motorcycle bearing registration no. BR37M5298.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Being owner of the said motorcycle he has falsely been implicated in this case. He has no concern with the alleged recovered liquor. Neither the petitioner was arrested on the spot nor any incriminating article has been recovered from his conscious possession. A statement has been made in para 3 of the petition that petitioner has no criminal

Patna High Court CR. MISC. No.17278 of 2024(2) dt.12-03-2024 2/2 antecedent. He is languishing in judicial custody since 05.01.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner 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 Additional District Judge-II-cum-Special Judge (Excise-I), Kishanganj in connection with Bibiganj P.S. Case No.13 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 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