Allowed¶19

Sayed Turab Ali @ Saiyed Turab Ali v. the State of Bihar

Patna HC27 Feb 2024CR. MISC./12621/2024

Case brief

AI extract

What is this about?

Conditional/post-charge-framing bail, Bihar Excise Act cases; Sections 30(a), 32(ii), 41(i)-(ii) Bihar Prohibition and Excise (Amendment) Act 2018; foreign liquor 3133 litres recovery; Chakmehsi PS 207/2022 Samastipur; 15-day charge-framing timeline; Rs. 10,000 bond with two sureties; custody since 11.01.2024; APP opposition; Patna High Court Crl. Misc. 12621/2024, decided 27-02-2024, Malviya J.

What did the court decide?

Bail allowed: release after framing of charge on bail bonds of Rs. 10,000/- with two like sureties to the satisfaction of learned Exclusive Special Judge, Excise-Ist, Samastipur; failing submission of charge-sheet, release on bail bond with condition of physical presence on every date before the Trial Court till charge-framing concludes; trial court to finish charge-framing within 15 days. ¶19

Sayed Turab Ali @ Saiyed Turab Ali Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the petitioner, arraigned in Chakmehsi P.S. Case No. 207 of 2022 (Samastipur) under Sections 30(a), 32(ii), 41(i) & (ii) of the Bihar Prohibition and Excise (Amendment) Act, 2018, should be released on bail.

¶13

Court's answer

Petitioner directed to be released on bail after framing of charge in connection with Chakmehsi P.S. Case No. 207 of 2022, 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 Special Judge, Excise-Ist, Samastipur.

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Ratio / Principle

Trial court directed to conclude the proceeding of framing of charge according to law within 15 (fifteen) days from receipt of a copy of the order.

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Key takeaways

In the event the charge-sheet has not been submitted, the petitioner is to be released on bail on furnishing a bail bond, subject to the condition that he remains physically present on each and every date before the Trial Court until conclusion of the charge-framing proceeding.ratio¶22

Detailed headnote1 paragraphs

Bail granted - Patna High Court (Ramesh Chand Malviya, J., 27-02-2024) in Crl. Misc. No. 12621 of 2024 arising from Chakmehsi P.S. Case No. 207 of 2022, Samastipur, under Sections 30(a), 32(ii), 41(i) & (ii), Bihar Prohibition and Excise (Amendment) Act, 2018 (FIR recovery: 3133 litres foreign liquor). Petitioner to be released on bail AFTER FRAMING OF CHARGE on bail bonds of Rs. 10,000/- with two like sureties to the satisfaction of Exclusive Special Judge, Excise-Ist, Samastipur; trial court to conclude charge-framing within 15 days of receipt of order copy; if charge-sheet not submitted, bail on bond with condition of physical presence on every date till charge-framing ends. Defence submissions recorded: not named in FIR, name surfaced from co-accused Nand Kishore (Sahni)'s confessional statement, no recovery from possession, seizure witnessed only by police personnel, clean antecedents, custody since 11.01.2024; APP opposed bail.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12621 of 2024

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Arising Out of PS. Case No.-207 Year-2022 Thana- CHACKMEHSI District- Samastipur

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

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SAYED TURAB ALI @ SAIYED TURAB ALI S/O SAYED SHAHABUDDIN R/O VILLAGE- HASAN SARAY, P.S- BALIGAOW, DISTT.- VAISHALI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Neetu Jha For the Opposite Party/s : Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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2 27-02-2024

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Heard learned counsel appearing on behalf of the

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parties.

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The petitioner seeks bail in connection with Chakmehsi P.S. Case No. 207 of 2022, registered for the offence under Sections 30(a), 32(ii), 41(i) & (ii) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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As per FIR, there is recovery of 3133 litres of foreign liquor from the different vehicle.

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Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is further submitted that the petitioner is nto named in the F.I.R. and his name surfaced from the confessional statemnt of other co-accused, Nand Kishore

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Patna High Court CR. MISC. No.12621 of 2024(2) dt.27-02-2024 2/3

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Sahni. It is submitted that recovery of alleged illicit liquor was not made from physical possession of the petitioner. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is a man of clean antecedent as stated in para 3 of the bail petition and he is in custody since 11.01.2024.

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

¶19

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 Chakmehsi P.S. Case No. 207 of 2022 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 Special Judge, Excise-Ist, Samastipur.

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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

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Patna High Court CR. MISC. No.12621 of 2024(2) dt.27-02-2024 3/3

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released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

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(Ramesh Chand Malviya, J)

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sanjeev/-

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U T

Sayed Turab Ali @ Saiyed Turab Ali v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Sayed Turab Ali @ Saiyed Turab Ali v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

Parties & counsel

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