Lalan Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58940 of 2025 Arising Out of PS. Case No.-311 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Lalan Baitha, S/o Late Rajvanshi Baitha, R/o Village- Madhubani, P.S.- Chiraiya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore @ Kundan Kumar, Advocate For the Opposite Party/s :
Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Chiraiya P.S. Case No. 311 of 2024 for the offence registered under Sections 30 (a) of the Bihar Prohibition & Excise Amendment Act.
3. As per the prosecution case, total 11.4 litres of Nepali liquor recovered behind the house of the petitioner. It is alleged that the petitioner was involved in selling the illicit liquor.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He has no concern with the seized liquor. Nothing has been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.58940 of 2025(2) dt.10-09-2025 2/2 He further submits that the place of recovery is an open place which is accessible to public at large. There is no independent witness to seizure list which is violation of the provision under Section 103 BNSS. Charge-sheet has already been submitted and there is no chance of absconding or tampering with the evidence. Petitioner is in jail custody since 15.06.2025, having no criminal antecedent.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge- 1, East Champaran, Motihari in connection with Chiraiya P.S. Case No. 311 of 2024.
(Sunil Dutta Mishra, J) khushbu/- U T