Govind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18486 of 2024 Arising Out of PS. Case No.-283 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Govind Yadav, Male, aged about 23 years, Son of Arun Yadav, Resident of Village- Sonhan P.S.- Keoti District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, 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 Keoti PS Case No. 283 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act,

3. As per the prosecution case, total 361 liters and 500 ml. Nepali sufi wine has been recovered from a Swift Dzire Car bearing Registration No. DL 5CH-3826.

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. Nothing has been recovered

Patna High Court CR. MISC. No.18486 of 2024(2) dt.13-03-2024 2/3 from the conscious possession of the petitioner and the recovery is from a car. Petitioner is neither arrested at the spot nor the owner of the car. Petitioner is in custody since 12.01.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Special Judge, Excise-Ist, Darbhanga dated 12.02.2024, it appears that the alleged recovery is not from the conscious possession of the petitioner. Petitioner is neither the owner of the vehicle nor the driver and not arrested at the spot, 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 Exclusive Excise Act-I, Darbhanga in connection with Kewati PS Case No. 283 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 bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the

Patna High Court CR. MISC. No.18486 of 2024(2) dt.13-03-2024 3/3 proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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