Sonu Kumar @Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31316 of 2024 Arising Out of PS. Case No.-129 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Sonu Kumar @Ashish Kumar Son Of Ashok Rajwanshi Resident Of VillagePipra Tola Prem Nagar, Ps- Fatehpur, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-04-2024 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 Section 30(a) of the Bihar Prohibition and Excise Act.
3. Allegation is of recovery of total 100 liters of illicit Mahua wine 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. He further submits that there is no independent witness of the seizure list. Petitioner is in custody since 09.03.2024.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
Patna High Court CR. MISC. No.31316 of 2024(2) dt.24-04-2024 2/2
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 Exclusive Special Excise Court No. - 5, Gaya in connection with Wazirganj P.S. Case No. 129 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