Patna High CourtCR. MISC./18148/2024bail granted

Suraj Kumar Gupta v. The State Of Bihar

2024-03-12Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18148 of 2024 Arising Out of PS. Case No.-219 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Suraj Kumar Gupta son of Ravindra Saw @ Ravindra Saha Resident of Village- Majharia, Ward No. 7, P.S. Industrial Area, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, 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 Patna Excise P.S. Case No. 219 of 2024 instituted for the offences punishable under Sections 30(a) and 56(b) of Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, total 172.800 liters of foreign liquor has been recovered from a car bearing Registration No. MH04ET-3895.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither he has any concern

Patna High Court CR. MISC. No.18148 of 2024(2) dt.12-03-2024 2/3 with the alleged recovered liquor nor vehicle in question belongs to him. 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. He is languishing in judicial custody since 09.02.2024.

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 Special Judge Excise-III, Patna in connection with Patna Excise P.S. Case No.219 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.18148 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