Suresh Mushar @ Suresh Musahar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19113 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- LAUKARIA District- West Champaran ====================================================== SURESH MUSHAR @ SURESH MUSAHAR SON OF RASUL MUSAHAR R/O-CHAMKI TOLA, P.S.-LAUKARIYA, DISTT.-WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Milind Kumar Mishra For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-03-2024 Heard learned counsel appearing on behalf of the parties.
2.
The petitioner seeks bail in connection with Laukariya P.S. Case No.99 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibiton and Excise Act but charge has been framed under Sections 30(a), 30(b), 30(c) of the Bihar Prohibition and Excise Act.
3.
As per FIR, there is recovery of 5 litre of illicit liquor, 300 litre preparatory solution, which have been destroyed by the concerned authority and utensils from the possession of this petitioner.
4.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of
Patna High Court CR. MISC. No.19113 of 2024(2) dt.14-03-2024 2/3 alleged illicit liquor was not made from conscious physical possession of the petitioner. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 25.11.2023.
5.
Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.
Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Laukariya P.S. Case No.99 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Bagaha, West Champaran.
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 above named petitioner shall be released on bail on furnishing bail bond with further condition
Patna High Court CR. MISC. No.19113 of 2024(2) dt.14-03-2024 3/3 that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) S.Katyayan/- U T