Prem Kant Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36298 of 2018 Arising Out of PS. Case No.-267 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Prem Kant Baitha, S/o Bashishth Baitha, at present head Clerk at Revenue Office, Motihari, resident of Village- Barwa, P.S.- Lakhaura, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Pramod Kumar Pandey For the Opposite Party/s :

Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-06-2018 Heard Sri Pramod Kumar Pandey, learned counsel for the petitioner and Sri Rajendra Prasad Natt, learned Additional Public Prosecutor.

The sole petitioner, having clean antecedent, which fact has been stated in paragraph no. 3 of the petition, apprehending his arrest in connection with Motihari Town Excise P.S. Case No. 267 of 2018, registered for the offence under Section 37(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner submits that it is a peculiar case in which petitioner has been arrayed as one of the accused who after consuming wine had fled away, whereas

Patna High Court Cr.Misc. No.36298 of 2018(2) dt.28-06-2018 2/2 three persons were arrested in drunken condition and from their possession one empty bottle of foreign liquor was recovered and it was stated as if other two persons including petitioner after consuming wine had fled away.

In view of the nature of accusation , in the event of his arrest or surrender within a period of six weeks from today, let petitioner Prem Kant Baitha be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned 7th Addl. Sessions Judge cum Special Judge, Excise, East Champaran at Motihari / concerned court in connection with Motihari Town Excise P.S. Case No. 267 of 2018 subject to the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T