Patna High CourtCR. MISC./29061/2024bail granted

Sanjay Kumar v. The State Of Bihar

2024-04-18Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 29061 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- NADI P.S. District- Patna ====================================================== Sanjay Kumar, aged about 39 years, Gender-Male, Son of Mahendra Prasad, Resident of Village- Alampur, P.S.- Nadi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nadi P.S. Case No. 85 of 2024 instituted for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, total recovery of 25 liters of liquor has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Petitioner is named in the

Patna High Court CR. MISC. No.29061 of 2024(2) dt.18-04-2024 2/3 FIR and the police without investigate the real fact implicated the petitioner on the basis of suspicion. Petitioner is in custody since 14.03.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Exclusive Special Court of Excise, Patna City dated 18.03.2024, it appears that the seized articles have been recovered from the possession of the petitioner but there is no any independent witness of the seizure list, accordingly the prayer for bail of the petitioner is allowed. 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 the learned Special Judge, Excise, Patna City in connection with Nadi P.S. Case No. 85 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

Patna High Court CR. MISC. No.29061 of 2024(2) dt.18-04-2024 3/3 proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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