Jaykant Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29764 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- MALSALAMI District- Patna ====================================================== JAYKANT RAY, MALE, AGED ABOUT 19 YEARS, S/O JASAR RAY R/O BUNDEL TOLI, NEAR SHIV MANDIR, P.S- MALSALAMI, DISTT.- PATNA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Kumar For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-04-2024 Heard learned counsel appearing on behalf of the parties.
2.
The petitioner seeks bail in connection with Malsalami P.S. Case No.107 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
As per FIR, there is recovery of total 200 litre of illicit liquor from the possession of the petitioner. 4.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of
Patna High Court CR. MISC. No.29764 of 2024(2) dt.18-04-2024 2/3 alleged illicit liquor was not made from conscious physical possession of the petitioner and he has no concern with the alleged recovery of illicit liquor. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 03.03.2024.
5.
Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.
Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Malsalami P.S. Case No.107 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City, Patna. 7.
The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) 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 above named petitioner shall be released on bail on furnishing bail bond with further condition
Patna High Court CR. MISC. No.29764 of 2024(2) dt.18-04-2024 3/3 that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) S.Katyayan/- U T