Ramekbal Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68919 of 2025 Arising Out of PS. Case No.-848 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== Ramekbal Baitha, Male, aged 50 years, Son of Bhagelu Baitha Resident of Village- Sirsiya Khurd, Ps- Adapur, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suraj Kumar Tiwari, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Excise PS. Case No. 848 of 2025 dated 03-06-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act. 3.The allegation is of recovery of 35 litres of country made liquor from a gallon kept in the Hero Honda motorcycle which belongs to the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that petitioner is not named in the FIR. It is next submitted that said seized motorcycle was stolen from the fair on 05.01.2025, for which he submitted an application to the Darpa Police Station, but the same was not registered by the concerned police officer. It is further submitted
Patna High Court CR. MISC. No.68919 of 2025(2) dt.08-10-2025 2/2 that the petitioner visited Darpa Police Station in January 2025 to register a Sanha/FIR, which can be verified through the CCTV footage installed at the Police Station. Further submission is that nothing has been recovered from the conscious possession or from the house of the petitioner. The petitioner has no concern with the seized illicit wine. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-2 East Champaran Motihari, in Excise PS. Case No. 848 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T