Satrudhan Chaudhary @ Shatrudhan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25784 of 2024 Arising Out of PS. Case No.-1659 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Satrudhan Chaudhary @ Shatrudhan Chaudhary S/o Late Badri Chaudhary R/o vill - Sadatpur, P.S. - Kanti, Distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Jyotsna Rani Mishra, Advocate For the Opposite Party/s :
Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 1659 of 2023 instituted for the offences punishable under Sections 420, 467, 468, 471, 120(b) of the Indian Penal Code and Section 30(a) (b), 30(ii),(iii), 36, 41(i) (iii) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, petitioner was apprehended on the spot and from the vehicle Tata 207 bearing registration no. BR05G-6425, total 1404.720 liters of illicit foreign 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.25784 of 2024(2) dt.04-04-2024 2/3 falsely been implicated in this case. He is neither concern with alleged recovered liquor nor he is owner or driver of the alleged vehicle. Nothing incriminating article has been recovered from his conscious possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. Petitioner is languishing in judicial custody since 10.12.2023.
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 Special Judge, Excise Court No. I, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1659 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 chargesheet has not been submitted then the petitioner shall be
Patna High Court CR. MISC. No.25784 of 2024(2) dt.04-04-2024 3/3 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 trial. (Ramesh Chand Malviya, J) lata/- U T