Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30376 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- SIRDALA District- Nawada ====================================================== 1.
Aman Kumar SON OF Jagdish Prasad Yadav VILLAGE- BAHASAPIPRA, PS- FATEHPUR, DIST- GAYA 2.
SURENDRA KUMAR SON OF RUPCHAND MANJHI VILLAGEMATHGARHA (MOHANPUR), PS- MOHANPUR, DIST- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== 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 Sirdala P.S. Case No.113 of 2024 registered for the offence under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
3.
As per FIR, there is recovery of total 100.5 litre of illicit liquor from the possession of the petitioners. 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
Patna High Court CR. MISC. No.30376 of 2024(2) dt.22-04-2024 2/3 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 16.03.2024. 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 petitioners, let both the petitioners, above named, are directed to be released on bail, after framing of the charge, in connection with Sirdalla P.S. Case No.113 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-1, Nawada.
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 petitioners shall be released on bail on furnishing bail bond with further condition that the petitioners have to present physically on each
Patna High Court CR. MISC. No.30376 of 2024(2) dt.22-04-2024 3/3 and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) S.Katyayan/- U T