Vijay Ray @ Swaminath Brijwala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27771 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Vijay Ray @ Swaminath Brijwala Son Of Late Suresh Rai Resident Of Village- Dadpur (Dudhpura), Ps- Samastipur Mufassil, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, 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), 32 and 41(i) of the Bihar Excise Act, 2016.

3. As per allegation in the FIR, total 3510 liters of foreign liquor was recovered from a Tanker.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and the name of the petitioner has transpired by the confessional statement of co-accused Santosh Mahto who has been granted bail by this Court passed in Cr. Misc. No. 19482 of 2024 and petitioner is in custody since 07.03.2024.

Patna High Court CR. MISC. No.27771 of 2024(2) dt.19-04-2024 2/2

5. Learned APP for the State opposes the prayer for 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 Special Judge-I, Excise, Samastipur in connection with Musrigharari P.S Case No. 212 of 2023.

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