Raja Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14695 of 2025 Arising Out of PS. Case No.-132 Year-2024 Thana- DHAKA District- East Champaran ====================================================== RAJA BAITHA S/O SOHAN BAITHA R/O VILL.- BISHUNPUR KANTH,P.S- BRAHAMPURA,DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dhaka P.S. Case no. 132 of 2024 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

The case of the prosecution is that altogether 107.5 liters of Beer and 52.200 liters of Nepalee liquor was found on a bike. Hence, the present FIR.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that though the petitioner is the real owner of the bike but he has no

Patna High Court CR. MISC. No.14695 of 2025(2) dt.19-04-2025 2/2 concern in any way with the alleged liquor. It is further submitted that he had gone to ease himself after parking his bike, in the meanwhile, someone had put an illegal liquor on his bike. Further submission is the petitioner is having no criminal antecedent.

Learned APP appearing for the State opposed the prayer of bail of the petitioner.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dhaka P.S. Case no. 132 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court NO. 3, Civil Court, East Chamaparan, Motihari, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Jagdish/- U T