Bipin Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50165 of 2025 Arising Out of PS. Case No.-444 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Bipin Baitha S/o Pundeo Baitha @ Punyadev Baitha R/o vill - Mahanwa @ Mahamwa, P.s. - Turkauliya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Turkauliya PS Case No. 444 of 2024 instituted for the offences under Sections 274, 275, 3(5) of B.N.S. and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 50 litres of country made liquor was recovered from the motorcycle. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioner. It

Patna High Court CR. MISC. No.50165 of 2025(2) dt.25-07-2025 2/2 is further submitted that the name of the petitioner has transpired on the confessional statement of apprehended coaccused person namely, Rajesh Sah. The petitioner is in custody since 20.05.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 19.12.2024 passed in Cr. Misc. No. 86808 of 2024. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya PS Case No. 444 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T