Patna High CourtCR. MISC./27836/2024bail granted

Rahul Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27836 of 2024 Arising Out of PS. Case No.-444 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== Rahul Kumar S/o Shankar Ray R/o vill - Didarganj Kumar Petrol Pump ke Pichewali Gali Me, P.S. - Didarganj, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, 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) and 36 of the Bihar Prohibition and Excise Act.

3. Total 39.960 liters of illicit liuor was recovered from the possession of the petitioner.

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 Vishal Kumar has been granted bail by this Court passed in Cr. Misc. No. 22436 of 2024 and petitioner is in custody since 25.02.2024.

5. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.27836 of 2024(2) dt.19-04-2024 2/2 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 of Exclusive Excise, Patnacity in connection with PTN No.45 of 2024 arising out of Didarganj P.S Case No. 444 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