Patna High CourtCR. MISC./23625/2024bail granted

Vishwajeet Kumar Singh @ Guddu Singh v. The State Of Bihar

2024-03-27Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23625 of 2024 Arising Out of PS. Case No.-115 Year-2024 Thana- Excise P.S. District- West Champaran ====================================================== Vishwajeet Kumar Singh @ Guddu Singh Son of Umesh Singh Resident of Village-Chailabhar, P.S.- Majhauliya, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narsingh Tanti, 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 Excise Bettiah P.S. Case No. 115 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

Patna High Court CR. MISC. No.23625 of 2024(2) dt.27-03-2024 2/3 of total 61.800 liters of illicit Nepali liquor from the possession of the petitioner.

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 the petitioner and the petitioner is in custody since 10.02.2024.

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

6. On perusal of FIR, impugned order dated 01.03.2024 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 Exclusive Special Excise Judge - 1st , (Excise Act), Bettiah, West Champaran in connection with Excise Bettiah P.S. Case No. 115 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

Patna High Court CR. MISC. No.23625 of 2024(2) dt.27-03-2024 3/3 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 proceeding of framing of charge.

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