Deepak Kumar Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 38149 of 2023 Arising Out of PS. Case No.-1176 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== DEEPAK KUMAR BAITHA Son of Krishna Baitha Resident of mohalla - Panch Mandir Road Bisati Patti, P.S. - Town Motihari, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr Ajit Kumar, APP CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and the learned APP.

The petitioner has preferred this application for grant of regular bail in connection with Excise PS Case No 1176 of 2023 dated 01.05.2023 registered for the offence punishable under Section 30 (a), 41 (i) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 103.68 litres of illicit foreign liquor was recovered from the car.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner bears clean antecedent, as stated in

Patna High Court CR. MISC. No.38149 of 2023(2) dt.05-07-2023 2/2 paragraph 3 of the bail petition. He is in custody in this case since 19.05.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No II, East Champaran at Motihari in Excise PS Case No 1176 of 2023 dated 01.05.2023.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T