Arvind Kumar @ Arvind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28455 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- PARASI District- Jehanabad ====================================================== Arvind Kumar @ Arvind, aged about 30 years, Male, Son of Anuj Paswan, Residence of Village- Niranjan Pur P.S.- Mahendiya District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Neeraj, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Parasi P.S. Case No. 14 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 100 liters of Mahua Wine in while plastic bag was recovered from a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and has falsely been implicated in this case only on the basis of suspicion. Petitioner has no concern with the alleged liquor and nothing

Patna High Court CR. MISC. No.28455 of 2024(2) dt.10-04-2024 2/3 has been recovered from the conscious possession of the petitioner, on suspicion the informant has falsely been implicated in this case. Petitioner is in custody since 20.02.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Special Judge-2nd Excise, Jehanabad dated 22.03.2024, it appears that the petitioner has implicated in this case on the basis of suspicion and no 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 Excise Court-II, Jehanabad in connection with Parasi P.S. Case No. 14 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.28455 of 2024(2) dt.10-04-2024 3/3 proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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