Chandan Kumar @ Chandan Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23613 of 2024 Arising Out of PS. Case No.-78 Year-2023 Thana- PUSA District- Samastipur ====================================================== Chandan Kumar @ Chandan Ray Son of Raj Kumar Ray Resident of VillageMahmada, Police Station- Pusa, Dist.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Pusa Police Station Case No. 78 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Allegation is of recovery of total 1269.480 liters of liquor from bush.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of
Patna High Court CR. MISC. No.23613 of 2024(2) dt.27-03-2024 2/3 the petitioner. He further submits that petitioner was not arrested at the spot and he is in custody since 11.02.2024. Similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 16.10.2023 passed in Cr. Misc. No. 63987 of 2023.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
6. On perusal of FIR, impugned order dated 01.03.2024 and seizure list, it appears that there is no independent witness of the seizure list. Considering the aforesaid facts and circumstances of the case, let the petitioner, abovenamed, 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 learned Special Excise Judge - 01, Samastipur in connection with Pusa P.S. Case No. 78 of 2023.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 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 the above conditions and he shall be present physically on each
Patna High Court CR. MISC. No.23613 of 2024(2) dt.27-03-2024 3/3 and every date before the trial court till conclusion of proceeding of framing of charge.
(Ramesh Chand Malviya, J) saurabhkr/- U T