Nand Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24058 of 2024 Arising Out of PS. Case No.-195 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Nand Kumar Singh SON OF RAM LAKHAN SINGH RESIDENT OF VILLAGE- KALYANGANJ BANGRAHA, PS- VIDYAPATI NAGAR, DIST- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suneil Kumar Thakur, Advocate For the Opposite Party/s :

Ms. Meena Singh, 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 Vidyapatinagar P.S. Case No. 195 of 2023 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 1134 liters of illicit liquor from the possession of the Nandkumar Singh.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of

Patna High Court CR. MISC. No.24058 of 2024(2) dt.27-03-2024 2/3 the petitioner. Petitioner was not arrested on spot and is in custody since 06.02.2024.

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

6. On perusal of FIR and impugned order dated 23.02.2024 passed by learned Additional Sessions Judge, Excise First, Samastipur 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, Excise, First, Samastipur in connection with Vidyapatinagar P.S. Case No. 195 of 2023.

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 trial of this case and if the petitioner remain absent on two consecutive

Patna High Court CR. MISC. No.24058 of 2024(2) dt.27-03-2024 3/3 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