Manoj Kumar v. The State Of Bihar
Case at a glance
Outcome
Bail granted
petitioner be released on bail after framing of the
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA Mr.Manmohan Kumar Mr.Navin Kumar Pandey ORAL ORDER 2 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is in custody in connection with Hisua P.S Case No. 66 of 2024 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.
As per prosecution case, total 40 litre illicit liquor was recovered from the motorcycle.
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.20397 of 2024(2) dt.18-03-2024 petitioner. On perusal of seizure list there is no independent witness. It is next submitted that 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 30.01.2024.
However, learned APP for the State oppose the prayer for regular bail of the petitioner.
Operative part
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. 1, Nawada in connection with Hisua P.S Case No. 66 of 2024.
The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of Patna High Court CR. MISC. No.20397 of 2024(2) dt.18-03-2024 this order. However, it is made clear that if the charge- sheet 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. Mayank/- U T (Ramesh Chand Malviya, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petitioner be released on bail after framing of the
Which statutory provisions did this judgment involve?
Bihar Prohibition and Excise Act, 2016 — s. 30(a).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.