Patna High CourtCR. MISC./18617/2024bail granted

Md. Nafis Alam @ Raja v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18617 of 2024 Arising Out of PS. Case No.-754 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Md. Nafis Alam @ Raja, aged about 34 years, Male, Son of Md. Rustam, Resident of Jora Pokhar, P.S.-Jora Pokhar, District-Dhanbad (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Hussamuddin Azad, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, 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 Tajpur (Waini O.P.) P.S. Case No. 754 of 2023 instituted for the offences punishable under Section 30(a), 41(i) (ii) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 873 liters of illicit liquor has been recovered from the pick-up Van bearing Registration No. JH10CQ-5061.

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 on the basis of dirty village

Patna High Court CR. MISC. No.18617 of 2024(2) dt.13-03-2024 2/3 politics. He has no concern with the alleged recovery or with the alleged Pick-up Van. Petitioner is the driver of the pick-up van and no knowledge about the seized liquor. Petitioner is in custody since 29.12.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Court of Special Judge (Excise-02), Samastipur dated 22.01.2024, it appears that the recovery is from a Pick-up Van and not from his conscious possession. Similarly situated co-accused persons namely Sanjeev Mahto has been granted bail by this Court in Cr. Misc. No. 16922 of 2024 dated 11.03.2024, 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 Special Judge Excise Court-2, Samastipur in connection with Tajpur (Waini O.P.) PS Case No. 754 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.18617 of 2024(2) dt.13-03-2024 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) Anand Kr.

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