Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18654 of 2024 Arising Out of PS. Case No.-835 Year-2023 Thana- PIRBAHOR District- Patna ====================================================== AJAY KUMAR Son of Munilal Ram @ Munilal Ray Resident of VillageNaya Gao Uchankanpar, Police Station-Pirbahor, District-Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Munna Raj, Advocate For the Opposite Party/s :
Mr.Sunil Kumar Pandey, 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 Pirbahore P.S. Case No. 835 of 2023 nstituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act.
3. As per the prosecution case, petitioner was apprehended on the spot and from the scooty bearing registration no. BR01DL6090, total 91 liters country made liquor was recovered.
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.
Patna High Court CR. MISC. No.18654 of 2024(2) dt.13-03-2024 2/3 He has no concern with the alleged recovered liquor. Nothing incriminating article has been recovered from his conscious possession. As submitted by learned counsel for the petitioner that petitioner has no concern with the said scooty. 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 14.11.2023.
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 Judge-2, Patna/concerned Court, Patna in connection with Pirbahore P.S. Case No.835 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.18654 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) lata/- U T