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

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

What the court decided

AI extract

Outcome

Regular bail granted conditionally: release after framing of the charge on bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Excise Court No. 1, Buxar; if the chargesheet has not been submitted, release on the same conditions with mandatory physical presence before the trial court on every date till conclusion of charge-framing; trial court to conclude charge-framing within 15 days.

Issue for consideration

Whether the petitioner, in custody in connection with Buxar (Town) P.S. Case No. 33 of 2024 (offences under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act 2018), should be released on regular bail.

Court's answer

The petitioner is ordered 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 Special Excise Court No. 1, Buxar, in connection with Buxar (Town) P.S. Case No. 33 of 2024.

Ratio / Principle

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.

Key takeaways

The trial court is directed to conclude the proceeding of framing of charge according to law within 15 days from the date of receipt of a copy of this order.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J.), Oral Order dt. 20-03-2024, CR. MISC. No. 21694 of 2024 (arising out of Buxar (Town) P.S. Case No. 33 of 2024, District Buxar): Regular bail granted to petitioner Pradeep Kumar, in custody since 13.01.2024 for an offence under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act 2018 (prosecution case: total 302.40 litre illicit liquor recovered from a vehicle). Release ordered 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 Special Excise Court No. 1, Buxar. It was 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. Trial court directed to conclude charge-framing within 15 days from receipt of a copy of the order. Counsel noted petitioner has no criminal antecedent and that a co-accused was earlier granted bail by a Co-ordinate Bench vide order 18.03.2024 in Cr. Misc. No. 20759 of 2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21694 of 2024

Arising Out of PS. Case No.-33 Year-2024 Thana- BUXAR District- Buxar

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

Pradeep Kumar S/O Late Lal Chand Ram R/O Village- Chitbaragaon, P.SChitbaragaon, Distt.- Balia (U.P.).

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Satyapal Singh For the Opposite Party/s : Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 20-03-2024

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner is in custody in connection

with Buxar (Town) P.S Case No. 33 of 2024 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act 2018.

As per prosecution case, total 302.40 litre illicit liquor was recovered from the vehicle.

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.21694 of 2024(2) dt.20-03-2024 2/3

petitioner. One of the co-accused has already granted bail by the Co-ordinate Bench of this Court vide order 18.03.2024 passed in Cr. Misc. No. 20759 of 2024. 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 13.01.2024.

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 Special Excise Court No. 1, Buxar in connection with Buxar (Town) P.S Case No. 33 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.21694 of 2024(2) dt.20-03-2024 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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