Jahid Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29994 of 2024 Arising Out of PS. Case No.-234 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== Jahid Ali, Male, aged about 34 years, Son of Yusuf Ali Resident of VillageUdaypur Panchayat Mahui, P.S.- Aaspur Devsarai,District- Pratapgrah (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Dhanaha P.S. Case No.234 of 2023 registered for the offence under Sections 420, 467, 468, 471, 120B/34 of the Indian Penal Code and Section 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 4462 litre of illicit liquor from a truck.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from conscious physical

Patna High Court CR. MISC. No.29994 of 2024(2) dt.19-04-2024 2/3 possession of the petitioner and he has no concern with the alleged recovery of illicit liquor as well as vehicle in question. It is submitted that similarly situated co-accused person has already been granted bail by this Court through Cr. Misc. No.16857 of 2024 on 11.03.2024. It is further submitted that petitioner is in custody since 29.11.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Dhanaha P.S. Case No.234 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Bagaha, West Champaran.

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 above named petitioner shall be released on bail on furnishing bail bond with further condition

Patna High Court CR. MISC. No.29994 of 2024(2) dt.19-04-2024 3/3 that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T