Salim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25239 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- PARBATTA District- Bhagalpur ====================================================== Salim Ansari, aged about 22 years, Male Son of Jakir Ansari, Resident of Village- Shri Rampur Simarjur, Police Station- Mohanpur, District- Deoghar (Jharkhand).

... ... 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. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Parbatta P.S. Case No. 24 of 2024 instituted for the offences punishable under Section 30(a), (d) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1325 liters of Royal Party Indian Made Foreign Liquor has been recovered from a Tata Pick-up Van.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Petitioner is the driver of the vehicle and has no concern with the seized liquor. He has

Patna High Court CR. MISC. No.25239 of 2024(2) dt.03-04-2024 2/3 neither the owner nor the consignee of the alleged recovered liquor. Petitioner has got no criminal antecedent as stated in para 3 of the petition and is in custody since 08.02.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, search cum seizure list and the impugned order dated 01.03.2024, it appears that total 1325 liters of Royal Party Indian Made Foreign Liquor has been recovered from a Tata Pick-up Van. There is no any independent witness of the seizure list and the petitioner is only the driver of the vehicle, accordingly the prayer for bail of the petitioner is allowed. 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 the learned Additional District and Sessions Judge-Special Excise Judge-2, Bhagalpur in connection with Parbatta P.S. Case No. 24 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

Patna High Court CR. MISC. No.25239 of 2024(2) dt.03-04-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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