Prabhakar @ Prabhakar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26192 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Prabhakar @ Prabhakar Singh Son Of Ram Prasad @ Ram Prasad Singh Resident Of Village - Bade Tal, Police Station - Tarabaganj, District - Gonda (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Gaya Sadar Excise Case No. 74 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. It is a case of recovery of total 2673.36 liters of foreign liquor from truck bearing registration No. UP-43AT5336.

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. Petitioner is the driver of the said truck. He further submits that there is no independent witness of the

Patna High Court CR. MISC. No.26192 of 2024(2) dt.08-04-2024 2/2 seizure list and the petitioner is in custody since 14.01.2024.

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

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 Excise court No. 3, Gaya, District - Gaya in connection with Gaya Sadar Excise P.S. Case No. 74 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 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