Patna High CourtCR. MISC./14457/2024bail granted

Pappu Chaudhary v. The State Of Bihar

2024-02-29Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14457 of 2024 Arising Out of PS. Case No.-1182 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Pappu Chaudhary, aged about 26 years, Male Son of Late Rukhani Chaudhary, Resident of Village- Bhadeji, P.S.- Muffasil, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Muffasil PS Case No. 1182 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, total 90 liters of mahua liquor in six plastic gallons has been recovered in the courtyard of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. The alleged recovery is not from the possession of the petitioner rather from the house of

Patna High Court CR. MISC. No.14457 of 2024(2) dt.29-02-2024 2/3 the petitioner. Petitioner is not present at the spot and the seizure list is not prepared in presence of the petitioner.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list and the impugned order of the learned Exclusive Special Excise, Court No. 1, Gaya dated 24.01.2024, it appears that there is no independent witness in the seizure list. The alleged recovery is not from the conscious possession of the petitioner. Petitioner is in custody since 08.01.2024, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Gaya in connection with Muffasil PS Case No. 1182 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 submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the

Patna High Court CR. MISC. No.14457 of 2024(2) dt.29-02-2024 3/3 proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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