Sandip Kumar @ Sandeep Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27154 of 2024 Arising Out of PS. Case No.-232 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== SANDIP KUMAR @ SANDEEP JAISWAL, MALE, AGED ABOUT 20 YEARS, S/O SHRI VIRENDRA JAISWAL @ BIRENDRA PRASAD R/O VILLAGE- RAJPUR, P.S- RAJPUR, DISTT.- ROHTAS. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Ramgarh (Nuaon) P.S. Case No.232 of 2023 registered for the offence under Sections 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of total 30 litre of illicit liquor from a motorcycle bearing registration no. BR24AK3771.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner was not arrest on spot. It is submitted that recovery of alleged illicit liquor was

Patna High Court CR. MISC. No.27154 of 2024(2) dt.10-04-2024 2/3 not made from conscious physical possession of this petitioner and he has no concern with the alleged recovery of illicit liquor. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is in custody since 08.01.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Ramgarh (Nuaon) P.S. Case No.232 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise No.1, Kaimur at Bhabua.

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 above named petitioner shall be released on bail on furnishing bail bond with further condition

Patna High Court CR. MISC. No.27154 of 2024(2) dt.10-04-2024 3/3 that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T