Patna High CourtCR. MISC./28084/2024bail granted

Kamlesh Sahani @ Kamleshwar Sahani v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28084 of 2024 Arising Out of PS. Case No.-661 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Kamlesh Sahani @ Kamleshwar Sahani S/o Dhanai Sahani R/o vill - Tikuliya, Dhab Tola, P.s. - Muffasil, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd.(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), (b), 32 and 41(i) of the Bihar Prohibition & Excise Act, 2018.

3. As per allegation in the FIR, total 35 liters of country made liquor was recovered from a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and no independent witness of seizure list and similarly situated co-accused Sukul Sahani has been granted bail by this Court passed in Cr. Misc. No. 13268 of 2024 and petitioner is in custody since 03.02.2024

Patna High Court CR. MISC. No.28084 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 Excise Court-I, East Champaran, Motihari in connection with Muffasil P.S Case No. 661 of 2021.

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