Deepak Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84139 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- JOGBANI District- Araria ====================================================== DEEPAK PASWAN SON OF LATE MORANG PASWAN RESIDENT OF VILLAGE - INDRA NAGAR, WARD NO.03, P.S. - JOGBANI, DISTRICT - ARARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Jogbani P.S. Case No. 250 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per allegation in the FIR, total 190 bottles total 19 liters of Eskuf Codeine Cough Syrup (Codeine Phosphate & Triprolidine Hydrochloride Syrup) recovered from Tikuliya Basti Ward No. 03 (Near BP No. 180101 WP - 62).
4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. The petitioner is in
Patna High Court CR. MISC. No.84139 of 2023(4) dt.11-03-2024 2/3 custody since 09.10.2023.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
6. On perusal of the FIR, seizure list, it appears that there is no signature of present petitioner as an accused in the seizure and no independent witness of seizure list and also perusing the case diary it also appears that charge sheet has already been submitted only for an offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016 and considering the submission made by the learned counsel for the petitioner, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No. 2, Araria in connection with Jogbani P.S. Case No. 250 of 2023.
7. 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 condition and he shall be present physically on each and every date before the trial Court till conclusion of the
Patna High Court CR. MISC. No.84139 of 2023(4) dt.11-03-2024 3/3 proceeding of framing of charge.
(Ramesh Chand Malviya, J) saurabhkr/- U T