Vishal Kumar Bhagat @ Vishal Bhagat Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Vishal Kumar Bhagat @ Vishal Bhagat Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional bail granted to the petitioner: release after framing of charge in Forbesganj P.S. Case No.1208 of 2022 on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-I, District-Araria; alternatively, if the charge-sheet has not been submitted, immediate release subject to personal presence before the Trial Court on each and every date till conclusion of trial; trial court to complete charge-framing within 15 days.

Issue for consideration

Whether petitioner Vishal Kumar Bhagat @ Vishal Bhagat, booked for offences under Sections 30(a), 36 and 41 of the Bihar and Prohibition and Excise Act arising out of Forbesganj P.S. Case No.1208 of 2022, should be released on bail.

Court's answer

The Court directed release of the petitioner on bail after framing of the charge in connection with Forbesganj P.S. Case No.1208 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 the learned Exclusive Special Judge, Excise-I, District-Araria.

Ratio / Principle

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

Key takeaways

If the charge-sheet has not been submitted, the petitioner is to be released on bail on furnishing a bail bond, subject to the further condition that he remains physically present before the Trial Court on each and every date till conclusion of the trial.ratio¶23

Detailed headnote1 paragraphs

Patna High Court | CR. MISC. No.19587 of 2024 | Decision date 16-04-2024 | Coram: Ramesh Chand Malviya, J (oral order, single judge). Bail granted after framing of charge to Vishal Kumar Bhagat @ Vishal Bhagat in Forbesganj P.S. Case No.1208 of 2022 (District Araria), registered for offences under Sections 30(a), 36 and 41 of the Bihar and Prohibition and Excise Act, following alleged recovery of altogether 2340 liters of foreign liquor from a truck. Conditions/terms: bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-I, District-Araria; trial court to conclude framing of charge within 15 (fifteen) days of receiving a copy of the order; if the charge-sheet has not been submitted, the petitioner is to be released on bail on furnishing a bail bond with the further condition that he be physically present before the Trial Court on each and every date till conclusion of the trial. Counsel submissions noted: petitioner falsely implicated owing to village dirty party politics; petitioner not arrested at the spot; a similarly situated co-accused had been granted anticipatory bail by this Court in Cr. Misc. No. 61209 of 2023; petitioner in custody since 11.12.2023. Learned APP for the State opposed the bail prayer. Advocates: Jitendra Bharti for the petitioner; Dr. Kumar Uday Pratap, APP for the State.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19587 of 2024

Arising Out of PS. Case No.-1208 Year-2022 Thana- FORBESGANJ District- Araria

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

VISHAL KUMAR BHAGAT @ VISHAL BHAGAT S/O- LALIT BAGAT R/O- VILLAGE- GUNAKARPUR, P.S.- LAKHANAPUR, DIST.- MADHUBANI.

THE STATE OF BIHAR , PATNA

Versus

... ... Petitioner/s ... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Bharti, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 16-04-2024

Let the defect(s) as pointed out by the Stamp Reporter be removed.

Heard learned counsel appearing on behalf of the

parties.

The petitioner seeks bail in a case registered for

the offence under Sections 30(a), 36 and 41 of the Bihar and Prohibition and Excise Act.

Altogether 2340 liters of foreign liquor is said to have been recovered from a truck.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case due to village dirty party politics. He next submits that petitioner was not arrested at the spot and similarly situated co-accused has been granted anticipatory bail by this Court passed in Cr.

Patna High Court CR. MISC. No.19587 of 2024(2) dt.16-04-2024 2/2

Misc. No. 61209 of 2023 and petitioner is in custody since 11.12.2023.

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

Considering the aforesaid facts and circumstances, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Forbesganj P.S. Case No.1208 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-I, District- Araria.

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 has to be present physically on each and every date before the Trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T