Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38166 of 2024 Arising Out of PS. Case No.-245 Year-2024 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

Suraj Kumar Son of Pramod Prasad @ Pramod Mahto R/O Vill.- Purvi Dahiyava Newaji Tola, P.S.- Chapra Town, Dist.- Saran 2.

Rampravesh Mahto Son of Saheb Mahto R/O Vill.- Sahebganj, P.S.- Chapra Town, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in a case registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act (Amended) 2022.

3. As per allegation in the FIR, total 200 liters of country made liquor was recovered from the possession of the petitioners.

4.

Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case and no independent witness of seizure list and petitioners have got clean antecedent and they are in custody since

Patna High Court CR. MISC. No.38166 of 2024(2) dt.22-05-2024 2/2 08.04.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioners. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioners, let the petitioners, above named, are directed to be released on bail after framing of the charge in connection with Town P.S. Case No. 245 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Ist Exclusive Special Excise Court, Saran at Chapra.

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 petitioners shall be released on bail on furnishing bail bond with further condition that the petitioners have 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