Nand Kishore Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23967 of 2024 Arising Out of PS. Case No.-195 Year-2023 Thana- TARAIYA District- Saran ====================================================== Nand Kishore Sahani son of Hakim Sahani Village- Murlipur PS-Taraiya District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s :
Ms. Shaheen Begum, 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 Taraiya P.S. Case No. 195 of 2023 registered for the offence under Section 30(a), 32(i)(ii), 38, 41(1)(2) of the Bihar Prohibition and Excise Act.
3. As per allegation in the FIR, it is a case of recovery of total 100 liters of illicit spirit liquor from inside Scorpio bearing registration No. HR-57-3518.
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. He further submits that the petitioner was not
Patna High Court CR. MISC. No.23967 of 2024(2) dt.27-03-2024 2/3 arrested on spot and he has no concern with the said Scorpio vehicle. It is further submitted that the petitioner has no criminal antecedent as stated in para 3 of the application and he is in custody since 15.02.2024.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
6. On perusal of FIR and impugned order dated 05.03.2024 passed by learned 3rd Exclusive Special Excise Judge, Saran 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 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Taraiya 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
Patna High Court CR. MISC. No.23967 of 2024(2) dt.27-03-2024 3/3 and every date before the trial court till conclusion of proceeding of framing of charge.
(Ramesh Chand Malviya, J) saurabhkr/- U T