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Patna High CourtCR. MISC./26596/2024bail granted

Lalji Kumar @ Lalji Roy v. The State Of Bihar

2024-04-25Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26596 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- DARIYAPUR District- Saran ====================================================== Lalji Kumar @ Lalji Roy son of Tipan Roy R/o- English Par Ps- Dariyapur Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirtunjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Let the defect(s) as pointed out by the Stamp Reporter be ignored.

2. Heard learned counsel appearing on behalf of the parties.

3. The petitioner seeks bail registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 155 liters of country made liquor as well as one bike have been recovered from the possession of the petitioner.

5.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that there is no independent witness of seizure list. He next submits that petitioner is in custody since

Patna High Court CR. MISC. No.26596 of 2024(2) dt.25-04-2024 2/2 15.01.2024.

6.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 7.

Considering the period of custody of the petitioner, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Dariyapur P.S. Case No.19 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned First Exclusive Special Excise Court, Saran.

8.

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 above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T