Patna High CourtCR. MISC./26356/2024bail granted

Sanjeet Yadav v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26356 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- SHAHKUND District- Bhagalpur ====================================================== Sanjeet Yadav S/o Bhola Yadav R/Vill.- Rajpur, P.S.- Madhusudanpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Akbar Ali, 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 bail in connection with Sahkund P.S. Case No. 44 of 2024 and Special Excise Case No. 644 of 2024 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 9 liters of country made liquor has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics and high handedness of police. He has no concern with the alleged recovered liquor. Both the seizure list witnesses are police

Patna High Court CR. MISC. No.26356 of 2024(2) dt.08-04-2024 2/2 personnel which is complete violation of Section 100 of Cr.P.C. Petitioner is languishing in judicial custody since 13.02.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner 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 the learned Exclusive Special Excise Judge-2nd, Bhagalpur in connection with Sahkund P.S. Case No.44 of 2024 and Special Excise Case No. 644 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) lata/- U T