Patna High CourtCR. MISC./53494/2023bail granted

Baiju Das v. The State Of Bihar

2023-08-18Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53494 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Baiju Das, Son Of Mahendra Das Resident Of Village Mangrauni Gumti No 13, Ps- Rajnagar, Dist- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273, 34 of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and the allegation is of recovery of 225 litres of liquor from a Santro car.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of Chaukidar and the villagers. It is next submitted that petitioner is not the owner of the seized

Patna High Court CR. MISC. No.53494 of 2023(2) dt.18-08-2023 2/2 vehicle and it appears that police in order to save the real culprit falsely implicated the petitioner through the Chaukidar and villagers because of his antecedent.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judgecum-Special Judge, Excise Act, Madhubani in connection with Rajnagar P. S. Case No.151 of 2023, G. R. No.944 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T