Baiju Khang v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30938 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- ANDHRAMATH District- Madhubani ====================================================== BAIJU KHANG Son of Sukhul Khang Resident of Village - Kamalpur, Ward NO. 2, P.S. - Jhutki, District - Saptari, Country - Nepal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti For the Opposite Party/s :

Mr.A. L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Andhramath Police Station Case No. 21 of 2021, registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the SSB intercepted the petitioner and one another person and recovered a total quantity of 107.1 litres of illicit liquor from them.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case merely on

Patna High Court CR. MISC. No.30938 of 2021(2) dt.10-12-2021 2/2 suspicion. He next submits that the petitioner has got no criminal antecedent and the petitioner is in custody since 25.02.2021. He further submits that charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, charge sheet has already been submitted and the petitioner is in custody since 25.02.2021, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, Baiju Khang, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Madhubani, in connection with Andhramath Police Station Case No. 21 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √