Mani Ram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28306 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- BASOPATTI District- Madhubani ====================================================== Mani Ram Yadav, Male, aged about 26 years, SON OF RAMPUKAR YADAV RESIDENT OF VILLAGE- MADHIYA, PS- BASOPATTI, DISTMADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar Sah For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2024 Heard learned counsel appearing on behalf of the parties.
2.
The petitioner seeks bail in connection with Basopatti P.S. Case No.08 of 2024 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3.
As per FIR, there is recovery of total 108 litre of illicit liquor from a motorcycle of the petitioner. 4.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been
Patna High Court CR. MISC. No.28306 of 2024(2) dt.16-04-2024 2/3 implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from conscious physical possession of the petitioner and he has no concern with the alleged recovery of illicit liquor. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 17.01.2024.
5.
Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.
Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Basopatti P.S. Case No.08 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge Excise Act, Madhubani. 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 above named petitioner shall be released on bail on furnishing bail bond with further condition
Patna High Court CR. MISC. No.28306 of 2024(2) dt.16-04-2024 3/3 that the petitioner 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