Lalbabu Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24792 of 2020 Arising Out of PS. Case No.-331 Year-2019 Thana- PAHARPUR District- East Champaran ====================================================== Lalbabu Baitha Son of Late Bhola Baitha Resident of Village- Leguniya, P.S.- Paharpur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Paharpur P.S. Case No.331 of 2019, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., 30 litres of country liquor was recovered from a room in the house of the petitioner. It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place. He has been falsely implicated in the case and was not arrested at the place of occurrence. He has no criminal antecedent.

The application for bail is opposed by learned APP

Patna High Court CR. MISC. No.24792 of 2020(3) dt.23-12-2020 2/2 for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner has no criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Paharpur P.S. Case No.331 of 2019, he will be enlarged on bail 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 9th Additional District and Sessions Judge-cum-Special Judge, Excise Act, East Champaran at Motihari, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U T