Patna High CourtCR. MISC./26906/2022bail granted

Ramdev Baitha v. The State Of Bihar

2022-08-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26906 of 2022 Arising Out of PS. Case No.-824 Year-2020 Thana- NAGAR District- Vaishali ====================================================== RAMDEV BAITHA S/o Alagu Baitha Retired Clerk of Zila Parishad office, P.S. - Town, Hajipur, District - Vaishali. Resident of Village - Arya Nagar, P.O.- Sikarpur, P.S. - Balthar, District - West Champaran at Bettiah. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 30(c) and 38 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 31.02 litres of liquor from a room on the first floor of Dak Bungalow Complex.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and his name transpired in the confessional statement of Anil Kumar which

Patna High Court CR. MISC. No.26906 of 2022(2) dt.11-08-2022 2/2 has no evidentiary value, it is next submitted that the allegation that the petitioner lived in the said room is factually incorrect. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hajipur Town P.S. Case No. 824 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T