Patna High CourtCR. MISC./28842/2024bail granted

Sumit Kumar v. The State Of Bihar

2024-04-16Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28842 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Sumit Kumar Son Of Rambhu Sah Resident Of Village - Nonpharwa, P.S. - Patahi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Dhaka (Pachpakari) P.S. Case No. 71 of 2024 registered for the offence under Section 414 of the IPC and Section 30(a), 41(i) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, it is a case of recovery of total 180 liters of Nepali liquor from three motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that the there is no independent witness of the seizure list and the petitioner is in custody since 19.02.2024.

5. However, learned APP for the State vehemently

Patna High Court CR. MISC. No.28842 of 2024(2) dt.16-04-2024 2/2 opposed the prayer for regular bail.

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 Exclusive Special Excise Court No. 1, Motihari, East Champaran in Dhaka (Pachpakari) P.S. Case No. 71 of 2024.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 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 the above conditions and he shall be present physically on each and every date before the trial court till conclusion of proceeding of framing of charge.

(Ramesh Chand Malviya, J) saurabhkr/- U T