Zakir Hussain @ Bhuwar Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

Zakir Hussain @ Bhuwar Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail after framing of the charge in connection with Manjhagarh P.S. Case No.428 of 2023 on bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No.Icum-Additional District and Sessions Judge II, Gopalganj; trial court to conclude charge-framing within 15 days of receipt of the order; if the charge-sheet has not been submitted, petitioner to be released on bail subject to presenting physically before the Trial Court on each and every date till conclusion of the charge-framing proceeding.

Issue for consideration

Whether the petitioner, implicated in Manjhagarh P.S. Case No.428 of 2023 (offence under Section 30(a) of the Bihar Prohibition and Excise Act; FIR alleging recovery of 54 litre of illicit liquor from a motorcycle), should be released on bail.

Court's answer

Considering the facts and circumstances and submissions made on behalf of the petitioner, the petitioner is directed to be released on bail after framing of the charge in connection with Manjhagarh P.S. Case No.428 of 2023, 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 Excise Court No.Icum-Additional District and Sessions Judge II, Gopalganj.

Ratio / Principle

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.

Key takeaways

If the charge-sheet has not been submitted, the petitioner shall be released on bail on furnishing bail bond, with the further condition that the petitioner present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.ratio¶19

Detailed headnote1 paragraphs

BAIL GRANTED WITH CONDITIONS (High Court of Judicature at Patna, Criminal Miscellaneous No.27272 of 2024, oral order dt. 10-04-2024, Honourable Mr. Justice Ramesh Chand Malviya): petitioner Zakir Hussain @ Bhuwar, in custody since 04.02.2024 in connection with Manjhagarh P.S. Case No.428 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act (as per FIR, recovery of total 54 litre of illicit liquor from a motorcycle), is directed to be released on bail after framing of the charge 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 Excise Court No.Icum-Additional District and Sessions Judge II, Gopalganj; the trial court is directed to conclude the proceeding of framing of charge according to law within 15 (fifteen) days from the date of receipt of a copy of the order; and if the charge-sheet has not been submitted, the petitioner shall be released on bail on furnishing bail bond with the further condition of physical presence before the Trial Court on each and every date till conclusion of the proceeding of framing of charge.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27272 of 2024

Arising Out of PS. Case No.-428 Year-2023 Thana- MANJHAGARH District- Gopalganj

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

Zakir Hussain @ Bhuwar, Male, aged about 21 years, R/o Vill - Bahora Hatta, P.O. -Manjhagarh, P.S. - Manjhagarh, Dist. - Gopalganj

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar For the Opposite Party/s : Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 10-04-2024

Heard learned counsel appearing on behalf

of the parties.

The petitioner seeks bail in connection with Manjhagarh P.S. Case No.428 of 2023 registered for the offence

under Section 30(a) of the Bihar Prohibition and Excise Act.

As per FIR, there is recovery of total 54 litre of illicit liquor from a motorcycle.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner was not arrest on spot. It is submitted that recovery of alleged illicit liquor was not made from conscious physical possession of the petitioner

Patna High Court CR. MISC. No.27272 of 2024(2) dt.10-04-2024 2/3

and he has no concern with the alleged recovery of illicit liquor. 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 and he is in custody since 04.02.2024.

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

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 Manjhagarh P.S. Case No.428 of 2023 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 Excise Court No.Icum-Additional District and Sessions Judge II, Gopalganj.

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 have to present physically on each and every

Patna High Court CR. MISC. No.27272 of 2024(2) dt.10-04-2024 3/3

date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J)

S.Katyayan/-

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