Prabhu Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14458 of 2025 Arising Out of PS. Case No.-547 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== PRABHU BAITHA S/o- Sideni Baitha Resident of Village- Dariyapur PSSangrampur District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Advocate Mr. Akshay Tripathi, Advocate Mr. Shambhu Narayan Singh, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-03-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Harsidhi P.S. Case no. 547 of 2024, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 57 litres of country liquor was recovered from the motorcycle in question while the accused persons managed to flee away. The petitioner happens to be the registered owner of the vehicle.

4. Learned counsel for the petitioner submits that neither any incriminating article has been recovered from his possession nor from the vehicle in question. The petitioner has been falsely implicated in the case. He has no criminal antecedent.

Patna High Court CR. MISC. No.14458 of 2025(2) dt.28-03-2025 2/2

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, no incriminating article having been recovered from the petitioner's possession and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Harsidhi P.S. Case no. 547 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court no-I, East Champaran, Motihari.

(Partha Sarthy, J) Shiv/- U T