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

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

What the court decided

AI extract

Outcome

Regular bail granted after framing of the charge, on bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Excise Judge Court No. 4, Gaya, in connection with Fatehpur P.S. Case No. 902 of 2023; alternatively, immediate release on the same conditions if the chargesheet has not been submitted, subject to physical presence on every date before the trial court 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 since 20.12.2023 in Fatehpur P.S. Case No. 902 of 2023 (Sections 30(a), Bihar Prohibition and Excise Act), should be released on regular bail.

Court's answer

Considering the FIR, impugned order, period of custody, facts, circumstances and petitioner's submissions, the petitioner is 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 Judge Court No. 4, Gaya, in connection with Fatehpur P.S. Case No. 902 of 2023.

Ratio / Principle

The trial court is directed to conclude the proceeding of framing of charge according to law within 15 days from 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¶23

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 22508 of 2024, oral order dated 21-03-2024 delivered by Ramesh Chand Malviya, J. The petitioner, in custody since 20.12.2023 in Fatehpur P.S. Case No. 902 of 2023 (District Gaya), registered under Sections 30(a) of the Bihar Prohibition and Excise Act, sought regular bail; prosecution alleged recovery of 57 litres of illicit liquor and one countrymade pistol. Counsel argued false implication, absence of conscious possession, absence of independent witness in the seizure list and no criminal antecedents; the learned APP opposed bail. Granting bail after framing of the charge on a personal bond of Rs. 10,000/- with two like sureties to the satisfaction of the learned Exclusive Special Excise Judge Court No. 4, Gaya, the Court directed completion of charge-framing within 15 days, with immediate release on the same conditions if the chargesheet had not been submitted, coupled with physical appearance before the trial court on every date till the framing-of-charge proceeding concludes.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22508 of 2024

Arising Out of PS. Case No.-902 Year-2023 Thana- FATEHPUR District- Gaya

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

Pankaj Kumar S/o Bhuneshwar Rajbanshi R/o vill - Chhidi, P.S. - Fatehpur, Distt. - Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Prithivi Raj Singh For the Opposite Party/s : Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 21-03-2024

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner is in custody in connection with Fatehpur P.S Case No. 902 of 2023 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

As per prosecution case, total 57 litre illicit liquor and one countrymade pistol was recovered from the petitioner.

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.22508 of 2024(2) dt.21-03-2024 2/3

been recovered from the conscious possession of the 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 20.12.2023.

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 Excise Judge Court No. 4, Gaya in connection with Fatehpur P.S Case No. 902 of 2023.

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

Patna High Court CR. MISC. No.22508 of 2024(2) dt.21-03-2024 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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