Patna High CourtCR. MISC./18546/2024bail granted

Pradip Kumar Yadav v. The State Of Bihar

2024-03-13Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18546 of 2024 Arising Out of PS. Case No.-231 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Pradip Kumar Yadav, aged about 19 years, Male Son of Ghosh Yadav, Resident of Village- Gamharia, P.S.- Jadopur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Vishambharpur PS Case No. 231 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per the prosecution case, 270 pieces of 200ml. i.e., 54.00 liters of country made liquor has been recovered from a gunny bag which was tied on the motorcycle bearing Registration No. BR-29AM8613.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. It has further been submitted that nothing has been recovered from the conscious

Patna High Court CR. MISC. No.18546 of 2024(2) dt.13-03-2024 2/3 possession of the petitioner and the seized motorcycle does not belong to the petitioner. Petitioner is in custody since 25.11.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Additional District and Sessions Judge-IV-cumExclusive Special Excise Court-II, Gopalganj dated 20.12.2023, it appears that petitioner is named in the FIR and the said recovery was not from the conscious possession of the petitioner and the motorcycle does not belong to him, accordingly the prayer for bail of the petitioner is allowed. 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 Additional District and Sessions Judge-IV-cum-Special Judge, Excise-II, Gopalganj in connection with Vishambharpur PS Case No. 231 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

Patna High Court CR. MISC. No.18546 of 2024(2) dt.13-03-2024 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) Anand Kr.

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