Santosh Baitha Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Santosh Baitha Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned 3rd Exclusive Special Excise Court, Saran at Chapra, in connection with Sadar Excise P.S. Case No. 225 of 2024.

Issue for consideration

Whether the petitioner, in custody since 19.12.2024 in Sadar Excise P.S. Case No. 225 of 2024 (offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018), is entitled to be enlarged on bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Excise Court, Saran at Chapra, in connection with Sadar Excise P.S. Case No. 225 of 2024.

Ratio / Principle

The bail application stands allowed.

Detailed headnote1 paragraphs

Bail granted - Santosh Baitha v. The State of Bihar, Patna High Court CRIMINAL MISCELLANEOUS No.10596 of 2025, oral order dated 20-03-2025 (Chandra Prakash Singh, J). Petitioner, aged about 60 years, sought bail in Sadar Excise P.S. Case No. 225 of 2024 dated 18.12.2024, District Saran, registered for offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018, following prosecution allegation of recovery of 112.680 litres of foreign liquor from a Tempo. Counsel submitted that the petitioner was innocent and falsely implicated, was not the owner of the Tempo, that no incriminating article was recovered from his possession, that there was no compliance of Section 105 of B.N.S.S., and that he had clean antecedents; petitioner in custody since 19.12.2024. Considering the facts, circumstances and period of custody, the Court directed enlargement on bail on a bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Excise Court, Saran at Chapra; the application stands allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10596 of 2025

Arising Out of PS. Case No.-225 Year-2024 Thana- Excise P.S. District- Saran

======================================================

Santosh Baitha, aged about 60 years, Male, S/O Late Narayan Baitha, Resident of Village- Daulatganj, P.S.- Bhagwan Bazar, District- Saran at Chapra

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance : For the Petitioner : Mr. Nawnit Kumar Tiwary, Advocate For the Opposite Party : Mrs. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 20-03-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks bail in connection with Sadar Excise P.S. Case No. 225 of 2024 dated 18.12.2024 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018.

As per the prosecution case, total 112.680 litres of foreign liquor is said to have been recovered from the Tempo in question.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not the owner of the Tempo in question. No incriminating article has been

Patna High Court CR. MISC. No.10596 of 2025(2) dt.20-03-2025 2/2

recovered from his possession. He has no concern with the alleged offence. There is no compliance of Section 105 of B.N.S.S. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 19.12.2024.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 3^rd Exclusive Special Excise Court, Saran at Chapra in connection with Sadar Excise P.S. Case No. 225 of 2024.

The application stands allowed.

(Chandra Prakash Singh, J)

U.K./- U T