Mukesh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30463 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- NARPATGANJ District- Araria ====================================================== 1.

MUKESH KUMAR DAS S/O SHIV NARAYAN DAS R/O VILLAGEMAURA KAVIYAHI, WARD NO. 10, P.S- SHANKARPUR, DISTT.- MADHEPURA.

2.

BINOD YADAV S/O LATE GARKU YADAV R/O VILLAGE- JAIPURA , WARD NO. 01, P.S- SHANKARPUR, DISTT.- MADHEPURA. 3.

GANESH YADAV @ GANESH KUMAR S/O SHATRUGHAN YADAV @ SHATRUDHAN YADAV R/O VILLAGE- SIRSIYA WARD NO. 03, P.SSINGHESHWAR, DISTT.- MADHEPURA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with Narpatganj (Ghurna) P.S. Case No.109 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of total 351 litre of illicit liquor from a car bearing registration no. BR09AD3942, which was in joint possession of the accused persons along with these petitioners.

Patna High Court CR. MISC. No.30463 of 2024(2) dt.22-04-2024 2/3 4.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners have falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from conscious physical possession of these petitioners and they have no concern with the alleged recovery of illicit liquor. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioners are in custody since 24.02.2024. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioners. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioners, let all these petitioners, above named, are directed to be released on bail, after framing of the charge, in connection with Narpatganj (Ghurna) P.S. Case No.109 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Araria.

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

Patna High Court CR. MISC. No.30463 of 2024(2) dt.22-04-2024 3/3 this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioners shall be released on bail on furnishing bail bond with further condition that the petitioners have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T