Gabbar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24814 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- Excise P.S. District- Bhagalpur ====================================================== 1.

Gabbar Kumar Singh S/O Prem Narayan Singh R/O Village- Shahmora, P.SSonbarsa Raj, Distt.- Sahrsa. 2.

Abhishekh Kumar S/O Abhay Prasad Singh R/O Village- Shahmora, P.SSonbarsa Raj, Distt.- Sahrsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Excise (Kahalgaon) P.S Case No. 98 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 450 litre illicit liquor was recovered from the pick up van

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case.

Patna High Court CR. MISC. No.24814 of 2024(2) dt.28-03-2024 2/3 It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioners. On perusal of seizure list there is no independent witness. Petitioner 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 30.01.2024.

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 Additional District Judge-IX- cum Special Exclusive Excise Judge No. 1, Bhagalpur in connection with Excise (Kahalgaon) P.S Case No. 98 of 2024.

Patna High Court CR. MISC. No.24814 of 2024(2) dt.28-03-2024 3/3

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