Nathuni Baitha @ Indrajit Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26639 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -BARGANIA District- SITAMARHI ======================================================
1. Nathuni Baitha @ Indrajit Baitha, Son of Birendra Baitha @ Yogendra Baitha @ Jogenda Baitha, resident of Village- Satapurwa, Police StationBairagania, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2017 The petitioner is in custody since 18.04.2017 in connection with Bairaganiya P.S. Case No. 99 of 2017, registered for offences punishable under Sections 272 and 273 Indian Penal Code and Section 30(A), 37(C) of the Bihar Excise (Amendment) Act.
Allegation is of recovery of 23 litres of Nepali wine. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover, there is allegation of recovery of only 23 litres of Nepali wine, for which petitioner has sufficiently been punished as he has remained in judicial custody for more than two months and has no criminal antecedent.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.26639 of 2017 (2) dt.22-06-2017 2/2 Having heard both sides, considering the facts and circumstances of the case, quantity of liquor recovered and also that petitioner has no criminal antecedent and has remained in custody for more than two months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 02nd Additional District & Sessions Judge, Sitamarhi, in connection with Bairaganiya P.S. Case No. 99 of 2017.
It is made clear if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T