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Patna High CourtCR. MISC./38239/2024bail granted

Aman Kumar v. The State Of Bihar

2024-05-23Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 38239 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- KALUAHI District- Madhubani ====================================================== Aman Kumar Son Of Binod Ray Village- Subhankarpur, Ps- Darbhanga Town, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in a case registered for the offence under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, total 66 liters of illicit Nepali liquor was recovered from a motorcycle. 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and no independent witness of seizure list and petitioner is in custody since 18.03.2024. 5.

Learned APP appearing for the State, op-

Patna High Court CR. MISC. No. 38239 of 2024(2) dt.23-05-2024 2/2 poses the prayer for bail of the petitioner.

6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Kaluahi P.S. Case No. 46 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge Excise Act, Madhubani.

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 above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner has to present physically on each and every date before the Trial Court till conclusion of the trial. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T