Bablu Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Bablu Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: release after framing of the charge on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-Court No. 1st, Bhojpur at Ara; if the chargesheet has not been submitted, release on the above conditions with physical presence before the trial court on each and every date till conclusion of the framing-of-charge proceeding; trial court to conclude framing of charge within 15 days.

Issue for consideration

Whether the petitioner, in custody in connection with Barhara P.S. Case No. 643 of 2023 (Sections 30(a), Bihar Prohibition and Excise Amendment Act 2018), should be released on regular bail.

Ratio / Principle

The petitioner is directed to be released on bail after framing of the 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, Excise-Court No. 1st, Bhojpur at Ara, in connection with Barhara P.S Case No. 643 of 2023.

Key takeaways

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.ratio¶23
It is made clear that if the chargesheet has not been submitted, the petitioner shall be released on bail on the above conditions and shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.ratio¶23

Detailed headnote1 paragraphs

Criminal Miscellaneous No. 12160 of 2024, High Court of Judicature at Patna (Hon'ble Mr. Justice Ramesh Chand Malviya, J.), decided 26-02-2024. Bail allowed under Section 30(a), Bihar Prohibition and Excise Amendment Act 2018 (Barhara P.S. Case No. 643 of 2023, District Bhojpur). Per prosecution case 260 litres of illicit liquor were recovered from two accused; counsel submitted the petitioner was implicated falsely, his name surfaced from the co-accused's confessional statement, no incriminating article was recovered from his conscious possession, there was no independent witness on the seizure list, and he was in judicial custody since 10.11.2023; the APP opposed bail. Court ordered release on bail after framing of the charge on a Rs. 10,000/- bond with two like sureties to the Exclusive Special Judge, Excise-Court No. 1st, Bhojpur at Ara, directing the trial court to conclude framing of charge within 15 days; if the chargesheet had not been submitted, release was ordered on the stated conditions with physical presence before the trial court on every date till framing of charge concluded.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12160 of 2024

Arising Out of PS. Case No.-643 Year-2023 Thana- BARHARA District- Bhojpur

======================================================

BABLU KUMAR Son of Rampreet Rai Resident of Village-Alekhi Tola (Raghubar Rai Ka Tola), P.S.-Barhara, District-Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Kumar Singh, Adv. For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 26-02-2024

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner is in custody in connection with Barhara P.S Case No. 643 of 2023 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Amendment Act 2018.

As per prosecution case, total 260 litre illicit liquor was recovered from the possession of the two accused.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has

Patna High Court CR. MISC. No.12160 of 2024(2) dt.26-02-2024 2/3

been recovered from the conscious possession of the petitioner. Leaned counsel for the petitioner next submits that petitioner is not arrested on spot petitioner name was surfaced from the confessional statement of the co-accused. On perusal of seizure list there is no independent witness. It is also submitted that petitioner is in judicial custody since 10.11.2023.

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-Court No.1st Bhojpur at Ara in connection with Barhara P.S Case No. 643 of 2023.

The trial court is directed to conclude the

Patna High Court CR. MISC. No.12160 of 2024(2) dt.26-02-2024 3/3

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 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)

Mayank/-

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