Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23259 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- PRANPUR District- Katihar ====================================================== 1.
Rakesh Kumar S/O Late Chandra Deo Singh R/O Village- Bans Garha (Bans Gara), P.S- Korha, Distt.- Katihar.
2.
Rajesh Kumar Mahto S/O Late Kamdev Mahto R/O Village- Gerawari, P.SKorha, Distt.- Katihar. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar, Advocate For the Opposite Party/s :
Mr.Rajesh Kumar, APP ====================================================== 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 seek bail in connection with Pranpur P.S. Case No. 28 of 2024 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, both the petitioners were apprehended on the spot and from a car bearing registration No. BR 01AK 3326, total 149.460 liters of illicit foreign liquor was recovered.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.23259 of 2024(2) dt.21-03-2024 2/3 petitioners are innocent and have committed no offence. They have falsely been implicated in this case. They have no concern with the alleged recovered liquor. As submitted by learned counsel for the petitioners that petitioners are not the owner of the seized vehicle. Nothing incriminating article has been recovered from their conscious possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. Petitioners are languishing in judicial custody since 21.02.2024.
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 Additional District and Sessions Judge, Exclusive Special Excise Court No.II, Katihar in connection with Pranpur P.S. Case No. 28 of 2024.
7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a
Patna High Court CR. MISC. No.23259 of 2024(2) dt.21-03-2024 3/3 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 furnishing bail bond with further condition that one of the bailors must be close relative of the petitioners. (Ramesh Chand Malviya, J) lata/- U T