Patna High CourtCR. MISC./66161/2024bail granted

Sanjay Baitha v. The State Of Bihar

2024-10-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66161 of 2024 Arising Out of PS. Case No.-382 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Sanjay Baitha S/O Late Sitai Baitha @ Sitaram Baitha R/O- Bhagwanpur Ward No- 12, P.S-Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in Samastipur Excise P.S. case No. 382 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution allegation, in short, is that 7.5 liters liquor was recovered from the verandah which is in front of the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got one criminal antecedent. No incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted

Patna High Court CR. MISC. No.66161 of 2024(2) dt.01-10-2024 2/2 that recovery is made from the verandah of joint house of the petitioner which is accessible to anyone. The petitioner has got no knowledge and concern with the alleged recovery of liquor. There is no compliance of Section 100 of Cr.P.C.

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, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Samastipur Excise P.S. case No. 382 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Pankaj/- U T