Raj Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30064 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Raj Kumar Choudhary S/o Achal Choudhary R/o vill - Banichhichhuli, P.S. - Harsidhi, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rashmi Jha For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 89 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per the prosecution case, total 20 liters country made liquor has been recovered from the possession of the petitioner and others.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that

Patna High Court CR. MISC. No.30064 of 2024(2) dt.20-04-2024 2/3 petitioner was never indulged in such type of alleged occurrence. Petitioner is in custody since 24.02.2024. Similarly situated co-accused person have already been granted bail by co-ordinate Bench of this Court passed in Cr. Misc. Nos. 29242 of 2024 and 28641 of 2024.

5. Learned APP for the State opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Exclusive Special Excise Judge- 1, East Champaran, Motihari dated 15.03.2024, it appears that the seized articles have been recovered from the house of the coaccused Raj Kumar Chaudhary and there is no any independent witness of the seizure list, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named 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- 1, East Champaran, Motihari in connection with Harsidhi

Patna High Court CR. MISC. No.30064 of 2024(2) dt.20-04-2024 3/3 P.S. Case No.89 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 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) saurabhkr/- U T