Husaini Baitha @ Husani Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25680 of 2021 Arising Out of PS. Case No.-31 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Husaini Baitha @ Husani Baitha Son Of Late Khobari Baitha @ Late Khobhari Baitha R/O Village- Mauda, Ward No 11 @ Maudah, P.S- Sahiyara @ Saihara, Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with C2 Case No. 31 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 12.01.2021 and the charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent.
Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that total144 litres of Nepali Saufi wine was recovered. Learned A.P.P. for the State vehemently opposes the
Patna High Court CR. MISC. No.25680 of 2021(2) dt.17-11-2021 2/2 prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 12.01.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi in connection with C2 Case No. 31 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C. (Satyavrat Verma, J) Rishi/- U T