Aarush Raj @ Aarun Raj @ Babu Saheb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31483 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Aarush Raj @ Aarun Raj @ Babu Saheb, Aged about 19 years, Male, Son of Subodh Yadav, Resident of village- Shekhpura, P.S- Udakishunganj , Dist- Madhepura 2.

Pandav Kumar, Aged about 23 years, Male, Son of Jayprakash Sharma, Resident of Village- Paharpur Tola, Ward no- 10 , Barki Badhauna, P.SChausa, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Sabour P.S. Case No. 102 of 2024 instituted for the offences punishable under Sections 30(a) and 45 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 36 liters of illicit foreign liquor was recovered from Reynod Quid car baring registration no. BR01DJ 6198 in which petitioners and two other were sitting.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.31483 of 2024(2) dt.24-04-2024 2/3 petitioners are innocent and have committed no offence. They have falsely been implicated in this case by the police. They have no concern with the alleged recovered liquor and car. No any incriminating article has been recovered from their conscious possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. They are languishing in judicial custody since 17.03.2024.

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 petitioners as well as period of custody of the petitioners, let the above named petitioners 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 the learned Special Excise Judge-II, Bhagalpur in connection with Sabour P.S. Case No.102 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.31483 of 2024(2) dt.24-04-2024 3/3 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 above conditions and they 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) lata/- U T