Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38736 of 2024 Arising Out of PS. Case No.-713 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Sanjay Singh Son of Late Hitlal Singh R/O Vill.- Madhuban P.S.- Chiraiya, District -East Champaran At Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Ranjan, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Excise (Motihari) P.S. Case No. 713 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, it is a case of recovery of 45 liters of Nepali Kasturi liquor from plastic bag which was kept on motorcycle bearing registration No. BR05R7494.

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 there is no independent witness of seizure list and the petitioner is in custody since 23.04.2024.

5. However, learned APP for the State vehemently

Patna High Court CR. MISC. No.38736 of 2024(3) dt.01-08-2024 2/2 opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and period of custody, 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 Special Excise Court No. 2nd, East Champaran at Motihari in connection with Excise (Motihari) P.S. Case No. 713 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 trial of this case and if the petitioner remain absent on two consecutive dates without any cogent reason, the bail bonds of the petitioner shall be cancelled by the trial Court itself.

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