Bishnu Kumar @ Vishnu 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 : Mr.Shashank Shekhar For the Petitioner/s : For the Opposite Party/s : Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is in custody in connection with Excise P.S Case No. 26 of 2024 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act 2018.
As per prosecution case, total 80.17 litre illicit liquor was recovered from the cattle shed.
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.21116 of 2024(2) dt.19-03-2024 been recovered from the conscious possession of the petitioner. On perusal of seizure list there is no independent witness. It is also submitted that petitioner is in judicial custody since 09.02.2024.
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 Judge, Excise Excise Court No. II, Bhojpur, Ara in connection with Excise P.S Case No. 26 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 this order. However, it is made clear that if the charge- Patna High Court CR. MISC. No.21116 of 2024(2) dt.19-03-2024 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, 2018 — 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.