Tinu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38385 of 2024 Arising Out of PS. Case No.-115 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Tinu Kumar Son of Ramashish Mahto Resident of village - Mahmadpur Sakra, Police Station - Bibhutipur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, 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 regular bail in a case registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of total 43.200 liters of illicit foreign liquor from white coloured alto car bearing registration No. BR 44C 7689.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para 3 of the bail petition. He further submits that there is no independent witness of the seizure list and the petitioner is in custody since 12.04.2024.

Patna High Court CR. MISC. No.38385 of 2024(2) dt.23-05-2024 2/2

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the petitioner, above named, be released on bail after framing of 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 Court of learned Special Judge Excise - I, Samastipur in connection with Bibhutipur P.S. Case No. 115 of 2024.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 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 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 proceeding of framing of charge.

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