Patna High CourtCR. MISC./41468/2021bail granted

Pramod Baitha v. The State Of Bihar

2022-01-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41468 of 2021 Arising Out of PS. Case No.-237 Year-2021 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.

PRAMOD BAITHA Son of Jogindra Baitha Resident of Village- Laxmipur, P.s.- Gaur, Distt.- Rohahat (Nepal) 2.

Bhola Sah Son of Bigu Sah Resident of Village- Laxmipur, P.s.- Gaur, Distt.- Rohahat (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard.

The petitioners seek regular bail in connection with Complaint Case No. C-2/237 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 63 litres of Nepali saufi wine from the petitioners while they were apprehended by the SSB personnel on the Indo- Nepal Border. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and they are languishing in custody since 30.4.2021.

Patna High Court CR. MISC. No.41468 of 2021(2) dt.03-01-2022 2/2 Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration, I deem fit and proper to direct for release of the petitioners on regular bail. Accordingly, the petitioners, above named, are directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum Special Judge, Excise Act, Sitamarhi in connection with Complaint Case No. C-2/ 237 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T