Patna High CourtCR. MISC./23412/2024bail granted

Vijay Ram v. The State Of Bihar

2024-03-21Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23412 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== VIJAY RAM S/O BHIKHARI RAM R/O VILLAGE- JAGAPAKAR, P.SHARSIDHI, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Ranjan, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chhauradano P.S. Case No.27 of 2024 instituted for the offences punishable under Sections 30(a), 32, 41(i) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, petitioenr was apprehended on the spot and from the e-rickshaw, total 129 liters of illicit liquor was recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case by the police to save the actual culprit. He has no concern with the alleged recovered

Patna High Court CR. MISC. No.23412 of 2024(2) dt.21-03-2024 2/3 liquor. Nothing incriminating article has been recovered from his conscious possession. Petitioner is languishing in judicial custody since 25.01.2024.

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 petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned learned Exclusive Special Excise Court 2nd, East Champaran at Motihari in connection with Chhauradano P.S. Case No.27 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 chargesheet has not been submitted then the petitioner shall be released on bail on furnishing bail bond with further condition that one of the bailors must be close relative of the petitioner and the petitioner have to present physically on each and

Patna High Court CR. MISC. No.23412 of 2024(2) dt.21-03-2024 3/3 every date before the Trial Court till conclusion of trial and if the petitioner would absent for two consecutive dates without any cogent reason, the bail bonds of the petitioner shall be cancelled by the learned trial court itself.

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