Patna High CourtCR. MISC./24194/2024bail granted

Umesh Yadav @ Umesh Kumar Yadav v. The State Of Bihar

2024-03-28Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24194 of 2024 Arising Out of PS. Case No.-96 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== Umesh Yadav @ Umesh Kumar Yadav SON OF Biltu Yadav Village -Gangaur PS- Harlakhi Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Saharghat P.S. Case No. 96 of 2023 registered for the offence under Sections 272, 273, 414 / 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, it is a case of recovery of total 135 liters of Nepali illicit liquor.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.24194 of 2024(2) dt.28-03-2024 2/3 petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner was not arrested on spot and is in custody since 18.01.2024.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. On perusal of FIR, impugned order dated 13.02.2024 and seizure list, it appears that there is no independent witness of the seizure list. Considering the aforesaid facts and circumstances of the case, let the petitioner, abovenamed, 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 learned Additional Sessions Judge - II - cum - Special Judge, Excise, Madhubani in connection with Saharghat P.S. Case No. 96 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a 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 petitioner shall be released on bail on the above conditions and he shall be present physically on each

Patna High Court CR. MISC. No.24194 of 2024(2) dt.28-03-2024 3/3 and every date before the trial court till conclusion of proceeding of framing of charge.

(Ramesh Chand Malviya, J) saurabhkr/- U T