Anil Sahani @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38002 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Anil Sahani @ Anil Kumar S/o Badri Sahani R/o Munswa Bhediyari, P.S. - Sugauli, Distt. - East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Prasad For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Lakhaura (Muffasil) P.S Case No. 11 of 2024 registered for the offences punishable under Sections 414 of I.P.C & Section 30(a), 32, 41(1) of Bihar Prohibition and Excise Amendment Act.

3. As per prosecution case, total 100 litre illicit liquor was recovered from the two motorcycles.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has

Patna High Court CR. MISC. No.38002 of 2024(2) dt.22-05-2024 2/3 been recovered from the conscious possession of the petitioner. On perusal of seizure list there is no independent witness. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 24.03.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the 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. 1, East Champaran, Motihari in connection with Lakhaura (Muffasil) P.S Case No. 11 of 2024.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within

Patna High Court CR. MISC. No.38002 of 2024(2) dt.22-05-2024 3/3 a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet 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 the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T