Bijesh Chaudhary @ Brijesh Chaudhary @ Brijesh Chaudhary @ Brajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20207 of 2024 Arising Out of PS. Case No.-486 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Bijesh Chaudhary @ Brijesh Chaudhary @ Brijesh Chaudhary @ Brajesh Chaudhary, Male, aged about 20 years, SON OF SHRAVAN CHAUDHARY RESIDENT OF VILLAGE- BELAUR, PS- UDAWANTNAGAR, DISTTBHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Udawantnagar P.S. Case No.486 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 71 litre of illicit liquor from an orchard of the petitioner. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, he was not arrested on spot and his name surfaced on the basis of confessional

Patna High Court CR. MISC. No.20207 of 2024(2) dt.15-03-2024 2/3 statement of other co-accused person. It is submitted that recovery of alleged illicit liquor was not made from conscious physical possession of the petitioner and he has no concern with the alleged recovery of illicit liquor. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is submitted that similarly situated co-accused person has already been granted bail by this Court through Cr. Misc. No.10151 of 2024 on 21.02.2024. It is further submitted that petitioner is in custody since 10.02.2024.

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 Udawantnagar P.S. Case no.486 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 Exclusive Special Excise Court No.II, Bhojpur, Ara.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a

Patna High Court CR. MISC. No.20207 of 2024(2) dt.15-03-2024 3/3 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 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