Jitendra Prasad @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30904 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- ARERAJ District- East Champaran ====================================================== 1.

Jitendra Prasad @ Jitendra Kumar Son Of Shambhu Prasad Raut @ Shambhu Raut Resident Of Village - Hardiya Ward - 5, P.S. - Areraj, District - East Champaran 2.

Dharmendra Kumar Son Of Shambhu Prasad Raut @ Shambhu Raut Resident Of Village - Hardiya Ward - 5, P.S. - Areraj, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Areraj Police Station Case No. 14 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of total 20.340 liters of illicit foreign liquor from the house of the petitioners.

4. Learned counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioners. He further submits that there is no independent witness of the seizure list. Petitioners are in custody since

Patna High Court CR. MISC. No.30904 of 2024(2) dt.23-04-2024 2/2 15.03.2024.

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

6. Considering the aforesaid facts and circumstances of the case and the submissions made on behalf of the petitioners, let the petitioners, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. - 1, East Champaran, Motihari in connection with Areraj P.S. Case No. 14 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 petitioners shall be released on bail on the above conditions and they 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