Amod Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3028 of 2018 Arising Out of PS. Case No.-752 Year-2017 Thana- SITAMARHI District- Sitamarhi ====================================================== Amod Baitha, Son of Ram Balam Baitha @ Ram Ballam Baitha, Resident of Village- Sonbarsa, P.S.- Sonbarsa, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. NAWAL KISHORE PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 272, 273, 279, 337 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 146.8 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.09.2017 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 146.8 liters wine is recovered from the tempo in question. The driver

Patna High Court Cr.Misc. No.3028 of 2018(3) dt.16-02-2018 2/2 of the tempo is alleged to have fled away. The petitioner is said to be sitting in the said tempo. He had no knowledge regarding the liquor being carried in the said tempo. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Sitamarhi P.S. Case No. 752 of 2017. (Sudhir Singh, J) Pankaj/- U T