Patna High CourtCR. MISC./16903/2023bail granted

Nandu Baitha v. The State Of Bihar

2023-05-09Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16903 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Nandu Baitha, Son of Buchan Baitha, R/O Village- Fuliya Khar, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Nautan P.S. Case No. 22 of 2023 dated 15.01.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 72 litres of Indian made foreign liquor and the same is stated to have been recovered from three bags and petitioner is stated to have been arrested at the spot of recovery and as per prosecution two co-accused persons managed to escape but in actual the petitioner was apprehended on suspicion and he has fair and clean antecedent and against him the investigation has

Patna High Court CR. MISC. No.16903 of 2023(2) dt.09-05-2023 2/2 been completed and he has been languishing in jail since 16.01.2023. Further submission is that the alleged seized wine was not recovered from the conscious possession of this petitioner.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the petitioner's fair and clean antecedent and against him the investigation has been completed, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Nautan P.S. Case No. 22 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T