Chaliter Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7543 of 2024 Arising Out of PS. Case No.-1072 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Chaliter Mukhiya S/o Jodha Mukhiya R/o Village - Ghormarwa, P.S. - Darpa, Dist. - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alka Singh, Adv.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Turkauilya P.S Case No. 1072 of 2023 registered for the offences punishable under Sections 414, 420, 467, 468, 469, 471 and 34 of the I.P.C.

3. As per allegation in the FIR, petitioner along with co-accused were purchasing and selling stolen motorcycle. Two Yamaha Motorcycle recovered from the possession of the petitioner and co-accused.

4. Learned counsel for the petitioner submits

Patna High Court CR. MISC. No.7543 of 2024(2) dt.20-02-2024 2/3 that petitioner has falsely been implicated in this case. He further submits that no independent witness of the seizure list only two official witness. It is also submitted that petitioner is in judicial custody since 15.10.2023. Petitioner got no criminal antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and seizure list, 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 C.J.M Motihari, East Champaran in connection with Turkauilya P.S Case No. 1072 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law a period of 15 days the date of receipt of a copy of this

Patna High Court CR. MISC. No.7543 of 2024(2) dt.20-02-2024 3/3 order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner 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) Mayank/- U T