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Patna High CourtCR. MISC./29963/2024bail granted

Rupesh Kumar v. The State Of Bihar

2024-04-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29963 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- Excise P.S. District- Madhepura ====================================================== Rupesh Kumar S/o- Sadanand Yadav Village- Fatehpur W.No-14, PsBihariganj Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Udakishunganj Excise Police Station Case No. 52 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of total 63.00 liters of foreign liquor from the possession of the petitioner.

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. Petitioner is in custody since 25.03.2024.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.29963 of 2024(2) dt.18-04-2024 2/2 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 Additional Sessions Judge - VII - cum - Special Judge, Excise - II, Madhepura in connection with Udakishunganj Excise P.S. Case No. 52 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