Patna High CourtCR. MISC./9296/2018allowed

Pundeo Baitha And ANR v. The State Of Bihar

2018-02-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.9296 of 2018 (2) dt.20-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9296 of 2018 Arising Out of PS.Case No. -231 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pundeo Baitha, S/o Baidhanath Baitha,

2. Sukhen Choudhary, S/o Ram Choudhary, Both are resident of VillageDhekaha Tola, Kasaba, P.S.- Pipra Kothi, District- East Champaran, Motihari.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, Adv. For the Opposite Party/s : Mr. Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-02-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Pipra Kothi Police Station Case No. 231 of 2017, disclosing offences under Sections 30(a) of the Bihar Excise (Amendment) Act, 2016.

Learned counsel for the petitioners has submitted that according to the F.I.R., 250 Grams Mahua- Mitha liquor was recovered from seized motorcycle bearing No. BR-06J-9522 but nothing has been recovered from the possession of the petitioners. The alleged motorcycle also does not belong to these petitioners. These petitioners are of clean antecedent and have

Patna High Court Cr.Misc. No.9296 of 2018 (2) dt.20-02-2018 falsely been implicated in this case. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge of Excise, Motihari, in connection with Pipra Kothi Police Station Case No. 231 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T