Robin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21325 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== 1.

Robin, Male, Aged about 25 years, S/o Yogindra R/o vill - House No. 553 Pauaa Chuglan Rurki - 54, P.S. - IMT Bore, Distt. - Rohtas (Haryana) 2.

Manjeet Saugwan, Male, aged about 27 years, S/o Rajpal r/o vill - Buttana, PS - Baroda, Dist. - Sonipat (Harayana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adarsh Ranjan For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== 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 Kateya P.S. Case No.43 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of 244.500 litre of illicit liquor from a car.

4.

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

Patna High Court CR. MISC. No.21325 of 2024(2) dt.19-03-2024 2/3 a car, where, petitioner no.1 is driver and petitioner no.2 is codriver and they have no knowledge about the illegal consignment of illicit liquor. It is further submitted that the petitioners 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 they are in custody since 11.02.2024.

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 petitioners, let both the petitioners, above named, are directed to be released on bail, after framing of the charge, in connection with Kateya P.S. Case No.43 of 2024 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 Additional District and Sessions Judge-II-cum-Special Judge, Excise-I, Gopalganj. 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.21325 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 petitioner shall be close relative of the petitioner and learned Trial Court shall verify the same.

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