Ravi Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24077 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- Excise P.S. District- Jehanabad ====================================================== Ravi Ranjan Kumar Son of Ramadhar Singh Village Husenabad, P.S.- Phesar, District- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Arwal Excise P.S. Case No. 08 of 2024 registered for the offence under Section 30(a), 32(c) of the Bihar Prohibition and Excise Act.

3. It is a case of recovery of total 1850.76 liters of illicit foreign wine from a truck bearing registration No. MP13GA - 6721.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.24077 of 2024(2) dt.27-03-2024 2/3 petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner has no criminal antecedent as stated in para 3 of the application and petitioner is in custody since 09.01.2024.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. On perusal of FIR and impugned order dated 09.02.2024 and seizure list, it appears that there is no independent witness of the seizure list. Considering the aforesaid facts and circumstances of the case, let the petitioner, abovenamed, 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 learned Special Judge - IInd Excise, Jehanabad in connection with Arwal Excise P.S. Case No. 08 of 2024.

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 charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each

Patna High Court CR. MISC. No.24077 of 2024(2) dt.27-03-2024 3/3 and every date before the trial court till conclusion of trial of this case and if the petitioner remain absent on two consecutive dates without any cogent reason, the bail bonds of the petitioner shall be cancelled by the trial Court itself. (Ramesh Chand Malviya, J) saurabhkr/- U T