Munna Chaudhary @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9736 of 2024 Arising Out of PS. Case No.-416 Year-2023 Thana- KARAKAT District- Rohtas ====================================================== Munna Chaudhary @ Munna Kumar S/O Satyanarayan Chaudhary VillageJaaishri, Ps.- Karakat, Dist. Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarfraz Ahmad, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, 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 Karakat P.S Case No. 416 of 2023 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016

3. As per allegation in the FIR, total 336.96 litre of foreign liquor was recovered from the house of the mother of petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that petitioner is not arrested on the

Patna High Court CR. MISC. No.9736 of 2024(2) dt.20-02-2024 2/3 spot. It is 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 12.12023.

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 Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram in connection with Karakat P.S Case No. 416 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 this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall

Patna High Court CR. MISC. No.9736 of 2024(2) dt.20-02-2024 3/3 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