Jhagadu Singh @ Sakendra Singh @ Jhajru Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32457 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Jhagadu Singh @ Sakendra Singh @ Jhajru Singh Son Of Sukhdeo Singh Resident Of Village- Jamundaha, P.S.- Rajauli, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Deo Raj, Adv.
For the Opposite Party/s :
Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sirdala P.S. Case No. 31 of 2024 instituted for the offences punishable under Sections 30(a)(c) and 41 of Bihar Prohibition and Excise Act 2016.
3. As per the prosecution case, total 215 liters of country made mahua liquor and 1700 litre fermented Jawa Mahua has been recovered from the Shelgar forest.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovered liquor and place of recovery. Neither the
Patna High Court CR. MISC. No.32457 of 2024(2) dt.20-05-2024 2/3 petitioner was arrested on the spot nor any incriminating article has been recovered from his conscious possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. It is next submitted that one of the co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 21.03.2024 passed in Cr. Misc. No. 23367 of 2024. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 02.02.2024.
5. Learned APP for the State has vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner 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 Exclusive Special Excise Court-I, Nawada in connection with Sirdala P.S. Case No. 31 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
Patna High Court CR. MISC. No.32457 of 2024(2) dt.20-05-2024 3/3 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 proceeding of framing of charge.
(Ramesh Chand Malviya, J) Mayank/- U T