Bobi @ Bobinder Singh @ Bobindar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27766 of 2024 Arising Out of PS. Case No.-252 Year-2023 Thana- MAKER District- Saran ====================================================== Bobi @ Bobinder Singh @ Bobindar Singh, Aged about 43 years, Male, Son of Laxman Singh Resident of Village- Kherakala, P.S.- Samarpur, Badali, North West Delhi, Delhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghwendra Pratap Singh, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Maker P.S. Case No. 252 of 2023 instituted for the offences punishable under Sections 30(a), 30, 32, 36 and 41 of Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution case, petitioner was apprehended on the spot and from a Pick-up Van bearing registration no. HR 58B-5360, total 774 liters of illicit foreign liquor was recovered.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the
Patna High Court CR. MISC. No.27766 of 2024(2) dt.15-04-2024 2/3 alleged recovered liquor and vehicle. Nothing incriminating article has been recovered from his conscious possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 25.12.2023.
5. Learned APP for the State has vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner 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 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Maker P.S. Case No.252 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
Patna High Court CR. MISC. No.27766 of 2024(2) dt.15-04-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) lata/- U T