Subodh Kumar @ Subodh Rai @ Subodh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18024 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== SUBODH KUMAR @ SUBODH RAI @ SUBODH KUMAR YADAV Son of Late Yogendra Rai Resident of Village-Kishunpur, Ward No.-06, P.S.- Piprakothi, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh , Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, 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 Piprakothi P.S. Case No. 13 of 2024 instituted for the offences punishable under Sections 272, 273 and 308 of the Indian Penal Code and Sections 30(a)/41(i) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 29.100 liters of illicit liquor has been recovered near the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. He has no concern with the alleged recovery or with the place of

Patna High Court CR. MISC. No.18024 of 2024(2) dt.12-03-2024 2/3 recovery. No any incriminating article has been recovered from his conscious possession or from his house. 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. He is languishing in judicial custody since 19.01.2024.

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 No.1, Civil Court, East Champaran at Motihari in connection with Piparakothi P.S. Case No.13 of 2024.

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.18024 of 2024(2) dt.12-03-2024 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) lata/- U T