Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39817 of 2024 Arising Out of PS. Case No.-124 Year-2024 Thana- SALIMPUR District- Patna ====================================================== Vikash Kumar Son of Awadh Ray Resident of Village- Saidpur Tola,P.SSalimpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Excise & Prohibition Act.

3. As per allegation in the FIR, total 90 liters of country made liquor was recovered from a motorcycle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case merely on the basis of suspicion. He next submits that seized motorcycle does not belongs to this petitioner and he has no concern with the seized liquor. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 25.04.2024. He next submits that nothing has been recovered from the conscious possession of the petitioner and

Patna High Court CR. MISC. No.39817 of 2024(3) dt.15-07-2024 2/2 he has no concern with the alleged offence. He next submits that police have forcibly taken the signature of petitioner on plain paper and prepared a false and fabricated seizure list.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the above facts and circumstances, let the above named petitioner be released on bail after framing of charge on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Barh, Patna in connection with Salimpur P.S. Case No. 124 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 chargesheet has not been submitted, then the petitioner shall be released on 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 the charge. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T