Niraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37840 of 2024 Arising Out of PS. Case No.-94 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Niraj Kumar Singh Son Of Sarbjeet Singh R/O -Vill Badki Mishrauli, P.SKateya, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== 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 seeks bail in a case registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per allegation in the FIR, total 49.200 liters of country made liquor has been recovered from the gunny bag which was tied on the back seat of the motorcycle bearing registration no. UP57AM-4952 and the petitioner was driving of the said motorcycle and he also the owner of the said 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 peti-

Patna High Court CR. MISC. No.37840 of 2024(2) dt.22-05-2024 2/2 tioner is in custody since 21.03.2024.

5.

Learned APP appearing for the State, opposes 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 Kateya P.S. Case No. 94 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 ADJ-XIII-cum-Special Judge Excise, Court No.1, Gopalganj, District- Gopalganj.

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