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Patna High CourtCR. MISC./44867/2023bail granted

Hariom Baitha @ Ariom Baitha @ Hariom Kumar Baitha v. The State Of Bihar

2023-08-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44867 of 2023 Arising Out of PS. Case No.-355 Year-2023 Thana- BAGHA District- West Champaran ====================================================== HARIOM BAITHA @ ARIOM BAITHA @ HARIOM KUMAR BAITHA Son of Bipat Baitha Resident of village-Narainapur, Ward No. 8, P.O. Naraipur, Police Station-Bagaha (Pathkauli), District-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 15 liters of illicit foreign liquor has been recovered from the bamboo clumps near the hut of Ramashish Paswan.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.44867 of 2023(2) dt.11-08-2023 2/2

5. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

6. Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Bagaha, West Champaran in connection with Bagaha (Pathkauli) PS case No. 355/ 2023, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T