Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8420 of 2024 Arising Out of PS. Case No.-478 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Chandan Kumar son of Rajgir Yadav Village- Chhaprahih Ps- Khajauli DistMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Jaynagar P.S. Case No. 478 of 2023 registered for the offence under Sections 272, 273 & 414/34 of IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. It is a case of recovery of total 279.39 liters of illicit liquor and two motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner is in custody since 30.11.2023.

5. However, learned APP for the State vehemently

Patna High Court CR. MISC. No.8420 of 2024(2) dt.15-02-2024 2/3 opposed the prayer for regular bail.

6. Having heard both the parties, perused the first information report, seizure list, bail petition and impugned order dated 05.01.2024 passed by learned Additional Sessions Judge - II - cum - Special Judge Excise Act, Madhubani. Considering the aforesaid facts and circumstances, the period of custody of the petitioner, the above named petitioner is directed to be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Court of learned A.D.J. II - cum- Special Judge Excise Act, Madhubani, District - Madhubani in connection with Jaynagar P.S. Case No. 478 of 2023.

7. 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 framed then the petitioner shall present on each and every date before the Trial Court till conclusion of the proceeding. (Ramesh Chand Malviya, J) saurabhkr/- U T

Patna High Court CR. MISC. No.8420 of 2024(2) dt.15-02-2024 3/3