Rajballabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22923 of 2024 Arising Out of PS. Case No.-158 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== 1.

Rajballabh Kumar Son of Bhola Rai @ Bhola Ray Resident of vill.- Indrabara (also known as Indar Wara), P.S.-Tajpur, Distt.-Samastipur 2.

Amarjit Kumar Son of Rajendra Rai Resident of vill.-Indrabara (also known as Indar Wara), P.S.-Tajpur, Distt.-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Excise P.S Case No. 158 of 2024 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Amendment Act 2018.

3. As per prosecution case, total 117 litre illicit liquor was recovered.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is further submitted that no incriminating article has

Patna High Court CR. MISC. No.22923 of 2024(2) dt.21-03-2024 2/3 been recovered from the conscious possession of the petitioners. On perusal of seizure list there is no independent witness. Petitioners has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioners are in judicial custody since 03.02.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.

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 petitioners, let the above named petitioners be released on bail after framing of the 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 Judge, Excise Court Number-III, Gaya in connection with Excise P.S Case No. 158 of 2024

7. The trial court is directed to conclude the proceeding of framing of charge according to law within

Patna High Court CR. MISC. No.22923 of 2024(2) dt.21-03-2024 3/3 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 petitioners shall be released on bail on the above conditions and they 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 T