Patna High CourtCR. MISC./26193/2024bail granted

Kallu Manjhi v. The State Of Bihar

2024-04-08Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26193 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- AMNAUR District- Saran ====================================================== Kallu Manjhi son of Indradev Manjhi Resident of Village-Shekhpura Bhathi, Ps- Amnaur Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramkishor Singh For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== 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 Amnaur P.S. Case No. 274 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. It is a case of recovery of total 108 liters of country made wine.

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 there is no independent witness of the seizure list and the petitioner was not arrested on spot his name was surfaced on the statement of local Choukidar. Petitioner is in custody since 09.02.2024.

5. However, learned APP for the State vehemently

Patna High Court CR. MISC. No.26193 of 2024(2) dt.08-04-2024 2/2 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 Additional District & Sessions Judge-cum-01st Exclusive Special Judge, Excise court, Saran in connection with Amnaur P.S. Case No. 274 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 and every date before the trial court till conclusion of proceeding of framing of charge.

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