Hemraj @ Hema Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21503 of 2024 Arising Out of PS. Case No.-476 Year-2023 Thana- DUMRAO District- Buxar ====================================================== 1.

Hemraj @ Hema Ram, Male, aged about 20 years, S/o Bhagna Ram R/o Vill - Batadu, P.S. - Grida, Dist. - Badmer, Rajasthan 2.

Jasraj, Male, aged about 19 years, S/o Lekhma Ram R/o Vill - Batadu @ Batadu P.S. - Grida, Dist. - Badmer, Rajasthan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with Dumraon P.S. Case No.476 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of 6652.5 litre of illicit liquor from a truck bearing registration no. RJ46GA5513.

4.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners have falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from conscious physical

Patna High Court CR. MISC. No.21503 of 2024(2) dt.19-03-2024 2/3 possession of the petitioners rather the same was recovered from a truck, where, petitioner no.1 is driver and petitioner no.2 is Khalasi and they have no knowledge about the illegal consignment of the illicit liquor and they have no concern with the alleged recovery of illicit liquor as well as vehicle in question. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioners are men of clean antecedent and he is in custody since 15.12.2023. 5.

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

Considering the facts and circumstances and submissions made on behalf of the petitioners, let both the petitioners, above named, are directed to be released on bail, after framing of the charge, in connection with Dumraon P.S. Case No.476 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of Excise - I, Buxor, Bihar.

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

Patna High Court CR. MISC. No.21503 of 2024(2) dt.19-03-2024 3/3 this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioners shall be released on bail on furnishing bail bond with further condition that the petitioners have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

8.

That one of the bailors of the petitioners shall be close relative of the petitioners and learned Trial Court shall verify the same.

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