Babloo Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27884 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Babloo Chaudhary, Aged about 25 years (Male), Son of Late Bisundhari Chaudhary, Resident of Village- Bhattbigha, P.S. Sirdala, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Kumar, Advocate For the Opposite Party/s :
Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sirdala P.S. Case No. 72 of 2024 instituted for the offences punishable under Sections 30(a) and 41 of Bihar Prohibition and Excise Act.
3. As per the prosecution case, there was recovery of total 130 liters of country made liquor and a motorcycle bearing registration no. BR27S-7103 from possession of petitioner and co-accused.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. He has
Patna High Court CR. MISC. No.27884 of 2024(2) dt.15-04-2024 2/3 no concern with the alleged recovered liquor or with the vehicle in question. 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 24.02.2024.
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) Court-I, Nawada in connection with Sirdala P.S. Case No. 72 of 2024.
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 bail on above conditions and he shall be present physically on
Patna High Court CR. MISC. No.27884 of 2024(2) dt.15-04-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) lata/- U T