Prince Kumar @ Prince Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26347 of 2024 Arising Out of PS. Case No.-252 Year-2023 Thana- NAUTAN District- Siwan ====================================================== Prince Kumar @ Prince Chauhan S/o Late Sunil Chauhan R/o vill - Phulwaria, P.O. - Phulwaria, P.S. - Mairwa, Distt. - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Shahi, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Nautan P.S. Case No. 252 of 2023 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act.
3. As per the prosecution case, petitioner was apprehended on spot from the Alto car bearing registration No. DL-2C-AK 7973 and upon searching of the said car, total 180 liters of illicit liquor was recovered.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.26347 of 2024(2) dt.08-04-2024 2/3 falsely been implicated in this case on the basis of suspicion. Neither he has any concern with the alleged recovered liquor nor the vehicle in question belongs to him. Nothing incriminating article has been recovered from his conscious possession. As submitted by learned counsel for the petitioner that petitioner is driver of the said car. Petitioner is languishing in judicial custody since 27.12.2023.
5. Learned APP for the State has vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner 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 Judge-02, Siwan in connection with Nautan P.S. Case No.252 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
Patna High Court CR. MISC. No.26347 of 2024(2) dt.08-04-2024 3/3 bail on 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) lata/- U T