Patna High CourtCR. MISC./24551/2023bail granted

Santosh Baitha v. The State Of Bihar

2023-05-15Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24551 of 2023 Arising Out of PS. Case No.-465 Year-2022 Thana- ROHTAS District- Rohtas ====================================================== SANTOSH BAITHA Son of Gulu Baitha R/V- Tumba, PS- Rohtas DistRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Tripathy, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023

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

2. Petitioner seeks regular bail in connection with Rohtas P.S. Case No. 465 of 2022, dated 13.12.2022 registered for the offences punishable under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 52 litres of illicit country-made mahua wine but as per allegation, only 20 litres of said wine is alleged to have been recovered from the conscious possession of this petitioner and the petitioner is a labourer having fair and clean antecedent and has been languishing in jail since 14.12.2022 and the said place of recovery is stated to be a forest area which is an open place and

Patna High Court CR. MISC. No.24551 of 2023(2) dt.15-05-2023 2/2 against the petitioner investigation has been completed.

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

5. Considering the above submissions and mainly petitioner's fair and clean antecedent, his custody period and the completion of investigation against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Rohtas P.S. Case No. 465 of 2022.

(Shailendra Singh, J.) maynaz/- U T