Patna High CourtCR. MISC./50181/2024bail granted

Firoz Ahmad v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50181 of 2024 Arising Out of PS. Case No.-359 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Firoz Ahmad, Male, aged about 30 years, Son of Late Bhuteli Miyan, Resident of Village- Kulharia, P.S.- Koilwar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nitya Nand Tiwary, 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 seeks bail in connection with Ara Nagar P.S. Case No. 359 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 120 liters of Mahua liquor has been recovered from a plastic bags.

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 due to highhandedness of police. He further submits that nothing has been recovered from the conscious possession of the petitioner. He next submits that total 120 liters Mahua liquor was recovered from two motorcycles not from the petitioner. Petitioner has got clean

Patna High Court CR. MISC. No.50181 of 2024(2) dt.23-07-2024 2/2 antecedent as stated in para 3 of the petition and he is in custody since 15.06.2024.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, accordingly the prayer for bail of the petitioner is allowed. 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 Judge-1, Bhojpur at Ara in connection with Ara Town P.S. Case No. 359 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) Anand Kr.

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