Sheo Shankar Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49523 of 2024 Arising Out of PS. Case No.-428 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Sheo Shankar Sao Son Of Lakhan Sao Village- Hariharganj, Distt.- Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2. The petitioner is in custody in a case registered for an offence punishable under Sections 30(a) and 32(3) of the Bihar Excise Prohibition and Amendment Act, 2016.

3. As per allegation in the FIR, it is a case of recovery of 55.125 liters of foreign liquor from a Auto-rickshaw.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that nothing has been recovered from the conscious possession of the petitioner and the petitioner is not the driver of the said vehicle and he is in custody since 09.05.2024.

5. In the facts and circumstances of the case, let the

Patna High Court CR. MISC. No.49523 of 2024(2) dt.23-07-2024 2/2 above named petitioner be released on bail after framing of the charge on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-II, Aurangabad (Bihar) in connection with Aurangabad Excise P.S. Case No. 428 of 2024.

6. 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 each and every date before the trial court till conclusion of the proceeding of framing of charge.

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