Vikash Kumar Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Vikash Kumar Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released after framing of charge on bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2 cum Additional District and Sessions Judge, Rohtas at Sasaram; trial court to conclude framing of charge within 15 days of receipt of copy of the order; if chargesheet not submitted, petitioner to be released on the above conditions with physical presence on each date before the trial court till conclusion of the framing-of-charge proceeding.

Issue for consideration

Whether the petitioner, in custody in connection with Rohtas (Amjhor) P.S. Case No. 36 of 2024 under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, should be released on regular bail.

Court's answer

Petitioner 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 Excise Court No. 2 cum Additional District and Sessions Judge, Rohtas at Sasaram, in connection with Rohtas (Amjhor) P.S. Case No. 36 of 2024.

Ratio / Principle

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

Key takeaways

If the chargesheet has not been submitted, the petitioner shall be released on bail on the above conditions and shall remain physically present on each and every date before the trial court till conclusion of the proceeding of framing of charge.ratio¶25

Detailed headnote1 paragraphs

Bail — Bihar Prohibition and Excise Act, 2018, S. 30(a) — Rohtas (Amjhor) P.S. Case No. 36 of 2024 — prosecution case of recovery of 70 litre illicit liquor from a Tempo — petitioner in judicial custody since 01.02.2024, no criminal antecedent stated, no independent witness on seizure list (counsel's submissions) — HELD: petitioner 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 learned Exclusive Special Excise Court No. 2 cum Additional District and Sessions Judge, Rohtas at Sasaram — trial court directed to conclude framing of charge within 15 days from receipt of copy of the order — if chargesheet not submitted, petitioner to be released on bail on the above conditions and to remain physically present on each and every date before the trial court till conclusion of the framing-of-charge proceeding.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19749 of 2024

Arising Out of PS. Case No.-36 Year-2024 Thana- ROHTAS District- Rohtas

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

Vikash Kumar S/O- Raj Kumar Singh R/O- Village- Pathra, P.S.- Tilauthu, Dist.- Rohtas.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Rajesh Kumar Singh For the Opposite Party/s : Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 15-03-2024

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner is in custody in connection with Rohtas (Amjhor) P.S Case No. 36 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, total 70 litre illicit liquor was recovered from the Tempo.

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

Patna High Court CR. MISC. No.19749 of 2024(2) dt.15-03-2024 2/3

petitioner. On perusal of seizure list there is no independent witness. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 01.02.2024.

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 Excise Court No. 2 cum Additional District and Sessions Judge, Rohtas at Sasaram in connection with Rohtas (Amjhor) P.S Case No. 36 of 2024.

The trial court is directed to conclude the proceeding of framing of charge according to law within

Patna High Court CR. MISC. No.19749 of 2024(2) dt.15-03-2024 3/3

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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