Patna High CourtCR. MISC./29492/2017bail granted

Ramesh Baitha And ANR v. The State Of Bihar

2017-07-01Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29492 of 2017 Arising Out of PS.Case No. -123 Year- 2017 Thana -BARGANIA District- SITAMARHI ======================================================

1. Ramesh Baitha, Son of Suraj Baitha, resident of Village Ashogi, P.S.- Bairgania, District- Sitamarhi.

2. Rakesh Sah, Son of Umashankar Sah, resident of Village Dumarwana, P.S. Bairgania, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Bairgania P.S. Case No. 123 of 2017 registered under Sections 272, 273, 290 and 294 of the Indian Penal Code and Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

The petitioners are said to have consumed wine while coming from Nepal and created nuisance along with other accused persons and some quantity of liquors were recovered from the possession of their companions.

It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and they have committed no

Patna High Court Cr.Misc. No.29492 of 2017 (2) dt.01-07-2017 2/2 offence. Nothing incriminating article has been recovered from the conscious physical possession of the petitioners. The petitioners are simply said to have consumed the liquor at Nepal. The petitioners have been languishing in custody since 20.05.2017. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned I/c A.D.J.-IIcum-Special Judge, Excise Act, Sitamarhi in connection with Bairgania P.S. Case No. 123 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T