Patna High CourtCR. MISC./50015/2024bail granted

Md. Nanhe Khan v. The State Of Bihar

2024-07-23Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50015 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- Excise P.S. District- Saran ====================================================== 1.

Md. Nanhe Khan Son Md. Nayeem Khan R/O- Karimchak, Korar, P.S.- Nagar, Distt.- Saran 2.

Mukesh Mahto Son Of Sri Ashok Mahto R/O- East Dahiyawa, P.S.- Chapra Town, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh No. I, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in a case registered for an offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, total 200 liters of illicit country made liquor from a car.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next submits that nothing has been recovered from the conscious possession of the petitioners and they are in custody since 24.03.2024.

Patna High Court CR. MISC. No.50015 of 2024(2) dt.23-07-2024 2/2

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

6. In the facts and circumstances of the case, let the above named petitioners be released on bail after framing of the charge on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Court, Saran at Chapra in Sadar Excise P.S. Case No. 81 of 2024.

7. The trial curt 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 chargesheet has not been submitted then the petitioners shall be released on bail on the above conditions and they shall be present physically on each and every date before the trial curt till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T