Mahesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17783 of 2024 Arising Out of PS. Case No.-539 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Mahesh Ram Son of Shiv Prasad Ram Resident of vill.-Kukura, P.S.-Sikarpur, Distt.-West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratneshwar Prasad, Advocate For the Opposite Party/s :
Mr.Umeshanand Pandit, 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 Kateya P.S. Case No. 539 of 2023 instituted for the offences punishable under Sections 414 and 34 of the Indian Penal Code and Sections 30(a) and 41(i) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 1287.720 liters of foreign liquor was recovered from a Pick Up vehicle bearing registration no. BR06GC-6497 and petitioner was apprehended sitting in said Pick Up and two co-accused person sitting on motorcycle were apprehended.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case by the police merely on
Patna High Court CR. MISC. No.17783 of 2024(2) dt.12-03-2024 2/3 suspicion. He has no concern with the alleged recovered liquor, vehicles and other co-accused persons. Neither he is driver nor owner of the said seized Pick Up vehicle. Nothing incriminating article has been recovered from his conscious possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 26.12.2023.
5. Learned APP for the State has vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case and submissions 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 Sessions Judge-II-cum-Special Judge, Excise-1, Gopalganj in connection with Kateya P.S. Case No.539 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
Patna High Court CR. MISC. No.17783 of 2024(2) dt.12-03-2024 3/3 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