Chhotaki Paswan @ Chhote Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37059 of 2024 Arising Out of PS. Case No.-364 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Chhotaki Paswan @ Chhote Paswan Son of Late Shrawan Paswan Resident of Mohalla- Purvi Untta, P.S and Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Advocate For the APP :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Jehanabad P.S. Case No. 364 of 2019 for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

3. As per prosecution case, the recovery of 50 litres of country made liquor has been made from the abandoned house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the recovery has been made

Patna High Court CR. MISC. No.37059 of 2024(2) dt.21-05-2024 2/3 from the abandoned house of the petitioner and the petitioner is in custody since 01.04.2024 and similarly situated co-accused person has already been grated bail by this Court passed in Cr. Misc. No. 10357 of 2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount to the satisfaction of learned Special Judge Excise Court NoII, Jehanabad in connection with Jehanabad P.S.Case No. 364 of 2019.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-

Patna High Court CR. MISC. No.37059 of 2024(2) dt.21-05-2024 3/3 sheet has not been submitted then the petitioner shall be released on bail on the 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) vinayak/- U T