Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52426 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Sudhir Kumar Son of Satyendra Prajapati R/V- JHAUR, P.S.- SHERGHATI, DISTT.- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-07-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Excise (Sherghati) P.S. Case No.99 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 155 litres of illicit liquor from motorcycle of the petitioner bearing registration No. BR02AH 4802.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from physical possession of

Patna High Court CR. MISC. No.52426 of 2024(2) dt.20-07-2024 2/3 the petitioner and he has no concern with the alleged recovery of illicit liquor. It is submitted that similarly situated co-accused person has already been granted bail by this Court through Cr. Misc. No.16858 of 2024 on 11.03.2024. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 27.06.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Excise (Sherghati) P.S. Case No.99 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.3, Gaya. 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 above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.52426 of 2024(2) dt.20-07-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T