Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17307 of 2024 Arising Out of PS. Case No.-290 Year-2023 Thana- PARANDABAR District- Nawada ====================================================== Sonu Kumar S/O Yadunandan Prasad R/O Village- Harnarayanpur, P.S.- Parnadabar, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Prasad Nat, 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 Parnadabar P.S. Case No. 290 of 2023 instituted for the offences punishable under Sections 30(a) and 41 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there was recovery of total 400 liters of county made mahua liquor from a Bolero Car bearing registration no. JH02E-9368 alleged to be driven by the petitioner who managed to flee away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.17307 of 2024(2) dt.12-03-2024 2/3 falsely been implicated in this case. He has no concern with the alleged recovered liquor and car. Neither the petitioner was arrested on the spot nor any incriminating article has been recovered from his conscious possession or from his house. The seizure list has not been prepared in accordance with law. Petitioner is languishing in judicial custody since 31.01.2024.

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 Exclusive Special Excise Court-01, Nawada in connection with Parnadabar P.S. Case No.290 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 chargesheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present

Patna High Court CR. MISC. No.17307 of 2024(2) dt.12-03-2024 3/3 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