Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20516 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- DARIYAPUR District- Saran ====================================================== 1.

Sonu Kumar Son Of Nagendra Rai Resident Of Village - Chotka Harna, P.S. - Dariyapur, District - Saran 2.

Mukesh Kumar Son Of Vinay Rai Resident Of Village - Pojhi, P.S. - Derni, District - Saran 3.

Shiv Dayal Rai Son Of Pulkar Rai @ Punyakal Rai Resident Of Village - Bajahiya, P.S. - Dariyapur, District - Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Dariyapur P.S. Case No. 72 of 2024 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 115 liters of country made liquor has been recovered from the possession of all the three petitioners.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.20516 of 2024(2) dt.18-03-2024 2/3 have falsely been implicated in this case. They have no concern with the alleged recovered liquor. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. They are languishing in judicial custody since 12.02.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioners as well as period of custody of the petitioners, let the above named petitioners be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Exclusive Special Excise Court, Saran at Chapra in connection with Dariyapur P.S. Case No.72 of 2024.

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 petitioners shall be released on bail on above conditions and they shall be present physically on

Patna High Court CR. MISC. No.20516 of 2024(2) dt.18-03-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) lata/- U T