Pritam Singh v. The State of Bihar
Case at a glance
- Bench
- RAMESH CHAND
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA Mr. Akash Kumar Mishra, Advocate Mr. Pradeep Narain Kumar, APP ORAL ORDER 2 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Bhojpur Excise P.S. Case No. 01 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
As per the prosecution case, total 200 liters illicit liquor from the car bearing registration no. BR01AV 7109.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case only on the basis of suspicion. He further submits that nothing has been recovered from the conscious possession of the petitioner nor he has any Patna High Court CR. MISC. No.24158 of 2024(2) dt.19-04-2024 concerned with the alleged seized liquor. Petitioner was traveling in the said car so only on the basis of suspicion he has been made accused. Both the witnesses are police personal. Petitioner is in custody since 01.01.2024.
Learned APP opposes the prayer for bail.
From perusal of the FIR and the impugned order of the learned Exclusive Special Excise Judge Excise Court No. II, Bhojpur, Ara dated 12.02.2024, it appears that there is no any independent witness of the seizure list, and similarly situated co-accused persons namely Ravish Kumar has been granted bail by this Court in Cr. Misc. 15392 of 2024 vide order dated
05.03.2024, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of 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 Court-II, Bhojpur at Ara in connection with Bhojpur Excise P.S. Case No. 01 of 2024.
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 Patna High Court CR. MISC. No.24158 of 2024(2) dt.19-04-2024 has not been submitted then the petitioner shall be released on bail on 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) Anand Kr. U T
Precedent status how later indexed judgments have treated this case
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