Ghutikan Ram @ Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42911 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- KORMA District- Sheikhpura ====================================================== Ghutikan Ram @ Mritunjay Kumar S/o Kant Ram @ Shree Kant Ram R/o vill - Bhadausi, P.S. - Korma, Distt. - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar 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 bail in connection with Korma PS Case No. 07 of 2024 instituted for the offences punishable under Section 30(a), 30(c) and 52 of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, some illicit liquor along with one small gas cylinder, two aluminum tasala and brewry was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that the alleged recovery is not from the conscious possession of the petitioner. It is next submitted that petitioner is in custody since

Patna High Court CR. MISC. No.42911 of 2024(2) dt.15-07-2024 2/2 22.05.2024. It is also submitted that co-accused has already granted bail in Cr. Misc. No. 14365 of 2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list, impugned order and considering the facts and circumstances of this case 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 the learned Exclusive Special Excise Judge, Sheikhpura in connection with Korma PS Case No. 07 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 charge-sheet 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 charge.

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