Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27124 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- PANJWARA District- Banka ====================================================== Rahul Kumar, Male, aged about 29 years, Son of Late Mukesh Kumar @ Mukesh Bihari, Resident of Village- Dubouni, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Raj, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Panjwara P.S. Case No. 27 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 81 liters of illicit foreign made liquor has been recovered from a Scorpio vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and has falsely been implicated in this case only on the basis of ulterior motive and grudge. Petitioner has no concern with the alleged liquor and nothing has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 14.03.2024.

5. Learned APP opposes the prayer for bail.

Patna High Court CR. MISC. No.27124 of 2024(2) dt.10-04-2024 2/2

6. From perusal of the FIR and the impugned order of the learned Additional District and Sessions Judge-V, Banka dated 19.03.2024, it appears that the petitioner has implicated in this case only on the basis of suspicion and no independent witness of the seizure list, 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-V, Banka in connection with Panjwara P.S. Case No. 27 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) Anand Kr.

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