Chitranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9452 of 2024 Arising Out of PS. Case No.-904 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== Chitranjan Yadav S/O- Sri Jai Prakash Yadav R/O- Village- Baldia Badi, P.S.- Manihari, Dist.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Kalyan Shankar, 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 Katihar Town (Sahayak) P.S Case No. 904 of 2023 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, total 110.28 litre foreign liquor was recovered from a vehicle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that no incriminating article was recovered from the possession of the petitioner. It is

Patna High Court CR. MISC. No.9452 of 2024(2) dt.20-02-2024 2/3 next submitted that on perusal of the seizure list there is no independent witness. It is also submitted that petitioner is in judicial custody since 06.12.2023. The petitioner has 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 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 Additional Sessions Judge cum Spl. Judge, Excise Court No. 2, Katihar in connection with Katihar Town (Sahayak) P.S Case No. 904 of 2023.

7. 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

Patna High Court CR. MISC. No.9452 of 2024(2) dt.20-02-2024 3/3 this order. However, it is made clear that if the chargesheet 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.

(Ramesh Chand Malviya, J) Mayank/- U T