Patna High CourtCR. MISC./50164/2024bail granted

Tafejul @ Md. Tafejul @ Mohammad Tafejul v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50164 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Tafejul @ Md. Tafejul @ Mohammad Tafejul Son of Late Md. Safruddin @ Md. Sarfuddin Resident of Vill- Rampur, P.S.- Raniganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anita Kumari, 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 under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per allegation in the FIR, total 439.95 liters of foreign liquor has been recovered from the maize field.

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 name of the petitioner figured on the basis of confessional statement of co-accused, petitioner is not named in the FIR and he is in custody since

Patna High Court CR. MISC. No.50164 of 2024(2) dt.23-07-2024 2/2 16.05.2024.

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

6. In the facts and circumstances of the case, let the 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 Exclusive Special Judge (Excise-01), Purnea in connection with K. Nagar P.S. Case No. 136 of 2024.

7. The trial court is directed to conclude the proceeding 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 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 the proceeding of framing of charge.

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