Naveen Chaubey @ Saheb Chaubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13233 of 2024 Arising Out of PS. Case No.-396 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Naveen Chaubey @ Saheb Chaubey Son of Late Vinod Chaubey Resident of Village - Kalyan Pur, P.S.- Kalyan Pur, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Shankar Shrivastava For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Kalyan Pur P.S Case No. 396 of 2023 registered for the offences punishable under Sections 414, 467, 468, 471, 34 of the I.P.C.
3. As per prosecution case, petitioner is alleged to have indulge in committing theft of motorcycles.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this
Patna High Court CR. MISC. No.13233 of 2024(2) dt.01-03-2024 2/3 case. It is further submitted that two motorcycle recovered from the open campus of the petitioner. It is also submitted that petitioner is in judicial custody since 09.11.2023.
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 C.J.M, East Champaran at Motihari in connection with / Kalyan Pur P.S Case No. 396 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
Patna High Court CR. MISC. No.13233 of 2024(2) dt.01-03-2024 3/3 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 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