Patna High CourtCR. MISC./24220/2024bail granted

Pradeep Sahani v. The State Of Bihar

2024-03-28Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24220 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- DHANKUND District- Banka ====================================================== Pradeep Sahani S/o Late Vasudev Sahani R/O VILLAGE MOHAMMADPUR SAKRA, POLICE STATION BIBHUTIPUR, DISTRICT SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Special Excise Case No. 45 of 2024 arising out of Dhankund P.S. Case No. 10 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, it is a case of recovery of total 223.200 liters of illicit foreign made liquor from a Mahindra Bolero vehicle bearing registration No. BR06P8364.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.24220 of 2024(2) dt.28-03-2024 2/3 present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner is in custody since 30.01.2024.

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

6. On perusal of FIR and impugned order dated 27.02.2024 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 Additional District & Sessions Judge - II, Banka/Court concerned, Banka in connection with Special Excise Case No. 45 of 2024 arising out of Dhankund P.S. Case No. 10 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 and every date before the trial court till conclusion of

Patna High Court CR. MISC. No.24220 of 2024(2) dt.28-03-2024 3/3 proceeding of framing of charge.

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