Nitish Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20815 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

NITISH BAITHA Son of Suresh Baitha Resident of Village - Chichurahiya, Police Station - Banjariya, District - East Champaran. 2.

Sukesh Kumar Son of Virendra Sahni Resident of Village - Chichurahiya, Police Station - Banjariya, District - East Champaran. 3.

Sona Lal Baitha Son of Chhathu Baitha Resident of Village - Chichurahiya, Police Station - Banjariya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjana Srivastava For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-05-2023 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Turkauliya (Banjariya) P.S. Case No. 25 of 2023 registered for the offence punishable under sections 30(a), 32, 34, 41(i) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case. Nothing has been recovered from the conscious possession of these petitioners. The alleged recovery has been made from

Patna High Court CR. MISC. No.20815 of 2023(3) dt.17-05-2023 2/2 the Mango orchard of one Pachu Mukhiya. Petitioners have no concern with the seized article.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner nos. 2 and 3, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. 1, East Champaran, Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 25 of 2023 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) mcv/- U T