Anil Kumar Sah @ Anil Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22530 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Anil Kumar Sah @ Anil Sah son of Late Dinesh Sah Village- Sahpur W.No-4, Bhirha Ps- Rosera Po- Bharwari Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Singh For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Bariyarpur P.S Case No. 11 of 2024 registered for the offences punishable under Sections 30(a), 32(i) (ii), 36, 41(i) of Bihar Prohibition and Excise Act and under Section 420, 467, 468, 471, 120(B) of I.P.C
3. As per prosecution case, total 5958 litre illicit liquor was recovered from the car.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It
Patna High Court CR. MISC. No.22530 of 2024(2) dt.21-03-2024 2/3 is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. One of the Co-accused has already been granted bail by the Co-ordinate Bench of this Court vide order dated 13.03.2024 passed in Cr. Misc. No. 18622 of 2024. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 14.01.2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Ist Begusarai in connection with Bariyarpur P.S Case No. 11 of 2024.
Patna High Court CR. MISC. No.22530 of 2024(2) dt.21-03-2024 3/3
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 chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions 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) Mayank/- U