Patna High CourtCR. MISC./31461/2024bail granted

Saroj Kumar v. The State Of Bihar

2024-04-24Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31461 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Saroj Kumar, Aged about 28 years, Gender-Male, Son of Narayan Sah, Resident of Village -Raksa Rahimpur, P.S.-Dhaka, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rana Randhir Singh, 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 bail in connection with Kundwa Chainpur P.S. Case No. 18 of 2024 instituted for the offences punishable under Sections 414/34 of the Indian Penal Code and Sections 30(a), 32 and 41(1) of Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, petitioner was apprehended on the spot with a motorcycle and from the said motorcycle, total 189 liters of illicit liquor was recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.31461 of 2024(2) dt.24-04-2024 2/3 falsely been implicated in this case. He has no concern with the alleged recovered liquor and motorcycle. Nothing incriminating article has been recovered from his conscious possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. Petitioner is languishing in judicial custody since 21.02.2024.

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 petitioner as well as period of custody of the petitioner, let the above named petitioner 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 the learned Exclusive Special Excise Court No.03, Civil Court, East Champaran at Motihari, Bihar in connection with Kundwa Chainpur P.S. Case No.18 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 this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on

Patna High Court CR. MISC. No.31461 of 2024(2) dt.24-04-2024 3/3 bail on above conditions and he 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