Jay Karan Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31095 of 2022 Arising Out of PS. Case No.-376 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== JAY KARAN BAITHA Son of Raudi Baitha @ Raghu Baitha, Resident of Village - Jokha, Balua, P.s.- Bathnaha, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bajpatti P.S. Case no. 376 of 2020 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 7.50 litres country made wine from a motorcycle and one Vikash Kumar was apprehended on spot and he disclosed that petitioner succeeded in fleeing away.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Neither the petitioner was arrested on

Patna High Court CR. MISC. No.31095 of 2022(2) dt.02-09-2022 2/2 spot nor any incriminating article has been recovered from his conscious and constructive possession.

Learned APP appearing for the State has opposed the prayer of bail and submitted that petitioner has criminal antecedent of four cases.

Having heard learned counsel for the parties and taking into consideration that petitioner is a habitual offender, I am not inclined to grant bail to the petitioner and, as such, his prayer for bail is rejected.

The application stands disposed off.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below taking into consideration that nothing has been recovered from the possession of the petitioner.

(Sunil Kumar Panwar, J) sushma/- U