Gurmeet Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23402 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== 1.
Gurmeet Singh SON OF Ajmer Singh RESIDENT OF VILLAGE- 26 PBN PILIBANGA, PS- PILIBANGA, DIST- HANUMANGARH, RAJSTHAN 2.
BALDEO SINGH SON OF KULDEEP SINGH RESIDENT OF VILLAGE26 PBN PILIBANGA, PS- PILIBANGA, DIST- HANUMANGARH, RAJSTHAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar, Advocate For the Opposite Party/s :
Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Industrial Area P.S. Case No. 19 of 2024 instituted for the offences punishable under Sections 272, 273, 414 and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution case, both the petitioners arrested on the spot and from a truck bearing registration no. MH18BA0064, total 8352.36 liters of illicit foreign liquor was recovered.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.23402 of 2024(2) dt.21-03-2024 2/3 petitioners are innocent and have committed no offence. They have falsely been implicated in this case. They have no concern with the alleged recovered liquor and truck. Nothing incriminating article has been recovered from their conscious possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. They are languishing in judicial custody since 07.02.2024.
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 petitioners as well as period of custody of the petitioners, let the above named petitioners be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 19 of 2024.
7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a
Patna High Court CR. MISC. No.23402 of 2024(2) dt.21-03-2024 3/3 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 petitioners shall be released on bail on furnishing bail bond with further condition that one of the bailors must be close relative of the petitioners and the petitioners have to present physically on each and every date before the Trial Court till conclusion of trial and if the petitioners would absent for two consecutive dates without any cogent reason, the bail bonds of the petitioners shall be cancelled by the learned trial court itself.
(Ramesh Chand Malviya, J) lata/- U T