Ghutikan Ram @ Mritunjay Kumar v. The State of Bihar
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Act, 2018 ss. 30(a), 30(c), 52
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA Mr. Dinkar Kumar, Advocate Mr. Yogendra Kumar Singh, APP ORAL ORDER 2 15-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Korma PS Case No. 07 of 2024 instituted for the offences punishable under Section 30(a), 30(c) and 52 of the Bihar Prohibition and Excise Act, 2018.
As per the prosecution case, some illicit liquor along with one small gas cylinder, two aluminum tasala and brewry was recovered.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that the alleged recovery is not from the conscious possession of the petitioner. It is next submitted that petitioner is in custody since Patna High Court CR. MISC. No.42911 of 2024(2) dt.15-07-2024
22.05.2024. It is also submitted that co-accused has already granted bail in Cr. Misc. No. 14365 of 2024.
Learned APP opposes the prayer for bail.
From perusal of the FIR, seizure list, impugned order and considering the facts and circumstances of this case 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 Judge, Sheikhpura in connection with Korma PS Case No. 07 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 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. Mayank/- U T (Ramesh Chand Malviya, J)
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.