Dharmendra Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18306 of 2020 Arising Out of PS. Case No.-90 Year-2020 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Dharmendra Baitha Son of Parashuram Baitha Resident of Village - Dhanauti, P.S.- Daraunda, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Siwan Mufassil P.S. Case no. 90 of 2020 registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, a total of 345.6 litres of IMFL was recovered from a bolero vehicle which was parked on the road side. It is stated that it was the petitioner who was driving the vehicle and who made an attempt to escape but was caught.

It is submitted by learned counsel for the petitioner that the petitioner has no concern either with the bolero vehicle

Patna High Court CR. MISC. No.18306 of 2020(5) dt.19-10-2020 2/2 from which the liquor was seized or from the seized liquor. He was returning home when he was arrested by the police merely on suspicion. He has no criminal antecedent and is in custody since 22.2.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts as stated above, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Siwan Mufassil P.S. Case no. 90 of 2020 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 2nd Additional Sessions Judge-cum-Special Judge, Siwan.

(Partha Sarthy, J) Prakash/- U