Patna High CourtCR. MISC./14640/2024bail granted

Suresh Yadav v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14640 of 2024 Arising Out of PS. Case No.-556 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Suresh Yadav, aged about 29 years, Male Son of Horil Rai @ Horil Ray R/O Village- Mohadipur, P.S- Chiraiya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP I/C ====================================================== 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 Mahua Chiraiya PS Case No. 556 of 2023 instituted for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and the Excise Act.

3. As per the prosecution case, 30 liters country made liquor, 1020 Kg DMB jaggery power (Mitha) and 5 kg uria was recovered.

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. Nothing incriminating articles have been recovered from the conscious possession of

Patna High Court CR. MISC. No.14640 of 2024(2) dt.29-02-2024 2/3 the petitioner. He next submits that the seized articles has been recovered from the house of Horil Rai.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list and impugned order of the learned Exclusive Special Excise Court No. 1, East Champaran Motihari dated 12.01.2024, it appears that the alleged recovery is not from the possession of the petitioner but from the house of Horil Rai. Petitioner is in custody since 04.12.2023, 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, East Champaran at Motihari in connection with Chiraiya PS Case No. 556 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.14640 of 2024(2) dt.29-02-2024 3/3 proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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