Ramanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24234 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- RAJAPAKAR District- Vaishali ====================================================== Ramanand Singh, Male, aged about 24 years, S/o Ritiraman Singh R/o vill - Rajapakar South, ward no. 9, P.S. - Rajapakar, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate For the Opposite Party/s :

Mr. Nirmala Kumari, APP I/c.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

Learned counsel for the petitioner is permitted to make necessary correct in paragraph nos. 4 and 7 of the present petition.

3.

The petitioner seeks bail in connection with Rajapakar P.S. Case No.16 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 4.

As per FIR, there is recovery of 80 litre of illicit liquor from an Auto bearing registration no. BR01PD6284.

5.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.24234 of 2024(2) dt.27-03-2024 2/3 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 an Auto, where, petitioner is a driver of the said auto and he has no knowledge about the illegal consignment of the illicit liquor. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is in custody since 18.01.2024.

6.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 7.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Rajapakar P.S. Case No.16 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2, Vaishali at Hajipur.

8.

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

Patna High Court CR. MISC. No.24234 of 2024(2) dt.27-03-2024 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 above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

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