Patna High CourtCR. MISC./27542/2024bail granted

Suraj Srivastava v. The State Of Bihar

2024-04-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27542 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- Excise P.S. District- Jamui ====================================================== Suraj Srivastava S/o Umesh Srivastav Resident of Village Mahavir Nagar Khalari, P.S. - Khalari, Distt. - Ranchi, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for an offence punishable under Sections 30(a) B.P. & Excise Act..

3. As per allegation in the FIR, total 243 liters of English wine was recovered from a car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and nothing has been recovered from the conscious possession of the petitioner and similarly situated co-accused has been granted bail by this Court passed in Cr. Misc. No. 23060 of 2024 and petitioner is in custody since 21.01.2024.

5. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.27542 of 2024(2) dt.19-04-2024 2/2 bail of the petitioner.

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 Special Judge, Excise-II, Jamui in connection with JAM P.S Case No. 62 of 2024.

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 petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T