Sikandar Chaudhary @ Sikandar Chaudhari @ Sikandra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31818 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- KHAIRA District- Saran ====================================================== Sikandar Chaudhary @ Sikandar Chaudhari @ Sikandra Chaudhary, Male, aged about 40 years, Son of Late Dharmnath Chaudhary Resident of Village - Nagra, P.S.- Khaira, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Kumar, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khaira (Nagra O.P.) P.S. Case No. 63 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, total 50 liters of illicit country made liquor from the spot which was duly seized in presence of two raiding party.

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. Petitioner has been named

Patna High Court CR. MISC. No.31818 of 2024(2) dt.24-04-2024 2/3 in the FIR and he has been arrested at the place of occurrence. Petitioner is in custody since 02.03.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list and the impugned order of the learned 3rd Exclusive Special Excise Court, Saran at Chapra dated 23.03.2024, it appears that the seized articles have been recovered from the spot 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 3rd Exclusive Special Excise Court, Saran at Chapra / Concerned Court in connection with Khaira (Nagra O.P.) P.S. Case No. 63 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

Patna High Court CR. MISC. No.31818 of 2024(2) dt.24-04-2024 3/3 proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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