Anukul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19417 of 2024 Arising Out of PS. Case No.-366 Year-2023 Thana- PALASI District- Araria ====================================================== ANUKUL KUMAR S/O- DILIP MAHTO R/O- VILLAGE- DAK BANGLA, WARD NO.- 05, P.S.- PALASI, DIST.- ARARIA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-03-2024 Heard learned counsel for the parties.

2. The petitioner seeks regular bail in connection with Palasi P.S. Case No. 366 of 2023 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

3. It is a case of recovery of total 119.37 liters of English wine.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner and he is custody since 19.12.2023.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.19417 of 2024(2) dt.14-03-2024 2/2 the case and also taking into account the period of custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2, Araria, in connection with Palasi P.S. Case No. 366 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 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 the above condition 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) saurabhkr/- U T