Patna High CourtCR. MISC./30840/2024bail granted

Deepu Kumar @ Dipu Kumar v. The State Of Bihar

2024-04-23Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30840 of 2024 Arising Out of PS. Case No.-337 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Deepu Kumar @ Dipu Kumar son of Chandra Mohan Chaudhary Resident of Damariya, Gardanibagh, Road No. 10, P.S.- Anishabad Phulwari, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Chandra Bhaskar, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 420, 467, 468, 471 and 120(b) of the IPC and Section 30(a), 32(ii)(iii), 31, 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of total 495.64 liters of foreign liquor from the house of co-accused, namely, Vishnu Ojha.

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 petitioner was arrested on spot but said house does not belong to the petitioner and there is no independent witness of the seizure list. Petitioner is

Patna High Court CR. MISC. No.30840 of 2024(2) dt.23-04-2024 2/2 in custody since 05.03.2024.

5. However, learned APP for the State vehemently 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 Court of Exclusive Special Judge Excise 1, Patna in connection with Phulwari Sharif P.S. Case No. 337 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