Patna High CourtCR. MISC./26929/2024bail granted

Amit Kumar @ Golu Gupta v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26929 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== Amit Kumar @ Golu Gupta S/o Lal Babu Sah R/O VILLAGE - BISHAMBHARPUR, P.S. - DERNI, DISTRICT - SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, 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 (Amendment) Act, 2022.

3. As per allegation in the FIR, it is a case of total 164.280 liters of foreign liquor was recovered from a Honda City Car bearing registration no.BR-01-AS-5279.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and no test identification parade has been conducted and nothing has been recovered from the conscious possession of the petitioner and petitioner is in custody since 09.02.2024.

Patna High Court CR. MISC. No.26929 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 Exclusive Special Excise Court No.I, Siwan in connection with Mairwa P.S Case No. 39 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) Brajesh Kumar/- U T