Chandan Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Chandan Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on bail after framing of the charge in Barbigha P.S. Case No.547 of 2023 on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Sheikhpura; if charge-sheet not submitted, release on bail bond with condition of physical presence before the Trial Court on every date till conclusion of charge-framing; trial court to conclude framing of charge within 15 days.

Issue for consideration

Whether the petitioner should be released on bail in connection with Barbigha P.S. Case No.547 of 2023 registered for offences under Sections 30(a), 32(2), 41(1) and 52 of the Bihar Prohibition and Excise Act.

Court's answer

Petitioner directed to be released on bail after framing of the charge in Barbigha P.S. Case No.547 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 Exclusive Special Excise Judge, Sheikhpura.

Ratio / Principle

Trial court directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from receipt of a copy of the order.

Key takeaways

If the charge-sheet has not been submitted, the petitioner shall be released on bail on furnishing bail bond with the further condition that he presents physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J.) allowed a bail application in connection with Barbigha P.S. Case No.547 of 2023, registered under Sections 30(a), 32(2), 41(1) and 52 of the Bihar Prohibition and Excise Act, arising out of an alleged recovery of 20.16 litre of illicit liquor from a rented house. Bail was directed to be granted after framing of the charge on bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each before the learned Exclusive Special Excise Judge, Sheikhpura. The trial court was directed to conclude framing of charge within 15 days; and if the charge-sheet had not been submitted, the petitioner was to be released on a bail bond subject to personal appearance before the Trial Court on each and every date till conclusion of the charge-framing proceeding. Counsel for the petitioner had urged false implication, absence of physical possession, and a doubtful seizure list unsupported by independent witnesses.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11887 of 2024

Arising Out of PS. Case No.-547 Year-2023 Thana- BARBIGHA District- Sheikhpura

======================================================

Chandan Kumar son of Prabhakar Kumar Singh Resident of Village/MohallaHridyabigha, Police Station- Barhiya, District- Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Bipin Kumar For the Opposite Party/s : Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 23-02-2024 Heard learned counsel appearing on behalf

of the parties.

The petitioner seeks bail in connection with Barbigha P.S. Case No.547 of 2023 registered for the offence under Sections 30(a), 32(2), 41(1) and 52 of the Bihar Prohibition and Excise Act.

As per FIR, there is recovery of 20.16 litre of illicit liquor from a rented house.

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 physical possession of the petitioner rather the same was recovered from a rented room

Patna High Court CR. MISC. No.11887 of 2024(2) dt.23-02-2024 2/3

of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery of illicit liquor. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 30.12.2023.

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

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 Barbigha P.S. Case No.547 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 Exclusive Special Excise Judge, Sheikhpura.

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.11887 of 2024(2) dt.23-02-2024 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/-

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