Bhabhisn Kumar @ Bibhishan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28089 of 2024 Arising Out of PS. Case No.-122 Year-2024 Thana- NARPATGANJ District- Araria ====================================================== 1.
Bhabhisn Kumar @ Bibhishan Kumar Son Of Ram Sewak Ram Resident Of Village- Itha Rasulnagar, Ps- Sakra, Dist- Muzaffarur 2.
Abhishek Kumar Son Of Ramswarth Das Resident Of Village- Bhalpur, Ward No. 11, Ps- Sakra, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in connection with Narpatganj P.S Case No. 122 of 2024 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act 2022 (Amended).
3. As per prosecution case, total 888 litre illicit liquor was recovered from the mini truck.
4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is further submitted that no incriminating article has
Patna High Court CR. MISC. No.28089 of 2024(2) dt.15-04-2024 2/3 been recovered from the conscious possession of the petitioners. On perusal of seizure list there is no independent witness. Petitioners have got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioners are in judicial custody since 01.03.2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise- 1, Araria in connection with Narpatganj P.S Case No. 122 of 2024.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within
Patna High Court CR. MISC. No.28089 of 2024(2) dt.15-04-2024 3/3 a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioners shall be released on bail on the above conditions and they 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) Mayank/- U T