Umesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19131 of 2024 Arising Out of PS. Case No.-353 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== Umesh Sahni SON OF LATE BIJLI SAHNI RESIDENT OF VILLAGESANDALPUR PACHHIYORE PS- BAHADURPUR, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bahadurpur P.S. Case No.353 of 2023 registered for the offence under Sections 30(a), 32(ii), (iii), 36 of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 300 litre of illicit liquor from a vehicle bearing registration No.BR06PC9671.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner was not arrest

Patna High Court CR. MISC. No.19131 of 2024(2) dt.14-03-2024 2/3 on spot. It is submitted that recovery of alleged illicit liquor was not made from conscious physical possession of the petitioner and he has no concern with the alleged recovery of illicit liquor as well as vehicle in question. It is further submitted that petitioner is in custody since 08.02.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Bahadurpur P.S. Case No.353 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of Excise, Patna City.

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 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

Patna High Court CR. MISC. No.19131 of 2024(2) dt.14-03-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T