Patna High CourtCR. MISC./28006/2024bail granted

Chotu Ansari v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28006 of 2024 Arising Out of PS. Case No.-250 Year-2023 Thana- JOGBANI District- Araria ====================================================== Chotu Ansari S/O Late Jabber Ansari R/O Village- Indranagar, Ward No. 03, P.S- Jogbani, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, 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 Section 30(a) of the Bihar Prohibition and Excise (Amend) 2018.

3. As per allegation in the FIR, total 190 bottles of Eskuf Cordiene Cough Syrup has been recovered from the possession of co-accused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and similarly situated co-accused Deepak Paswan has been granted bail by this Court passed in Cr. Misc. No. 84139 of 2023 and petitioner is in custody since 03.12.2023.

Patna High Court CR. MISC. No.28006 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 Exclusive Special Judge Excise-II, Araria in connection with Jogbani P.S Case No. 250 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