Poonam Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6097 of 2025 Arising Out of PS. Case No.-415 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Poonam Kumari D/o Vishwanath Sahani @ Visanath Sahani Resident of village- Jhakhia, P.s- Banjariya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Banjariya P.S. Case No. 415 of 2024 instituted for the offences punishable under Sections 274, 275, 317(5) of the BNS, and Sections 30(a), 41 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 104.305 litres of liquor has been recovered from the house of the coaccused.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made
Patna High Court CR. MISC. No.6097 of 2025(2) dt.12-02-2025 2/2 from the house of Babulal Sahani. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 16.12.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The co-accused person has already been granted bail by this Court vide order dated 06.02.2025 passed in Cr. Misc. No. 6061 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Court below/concerned Court in connection with Banjariya P.S. Case No. 415 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T