Vijay Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59549 of 2017 Arising Out of PS.Case No. -423 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vijay Baitha, Son of Bigu Baitha, resident of Village- Bijbani Ghaghiya Tola, P.S.- Jitna, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar Mishra, Advocate For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ghora Sahan (Jitna) P.S. Case No.423 of 2017 instituted for the offences under Sections 272, 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 1.5 litres of Nepali Saufi wine from the possession of the petitioner. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has got a clean antecedent and is languishing in custody since 20.08.2017.

Patna High Court Cr.Misc. No.59549 of 2017 (2) dt.22-12-2017 2/2 Considering the nature of accusation, the period of custody already undergone and the fact that he has got a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional and Sessions Judge-cumSpecial Judge, Excise, Motihari in connection with Ghora Sahan (Jitna) P.S. Case No.423 of 2017.

(Mohit Kumar Shah, J) N.H./- U T