Kailu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7433 of 2025 Arising Out of PS. Case No.-299 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Kailu Sharma Son of Lachattar Sharma Resident of Village - Beldaur Ward No.11, P.S. - Beldaur, District- Khagaria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunit Kumar, Advocate For the Opposite Party/s :

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks regular bail in connection with Beldaur PS case no. 299 of 2024 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that upon secret information that the petitioner along with his wife and son were engaged in illegal purchase/ sale of illicit liquor, reached at the house belonging to the father of the petitioner and apprehended the wife and son of the petitioner, however petitioner succeeded in fleeing away. Upon search, 66.4 liters of illicit countrymade liquor

Patna High Court CR. MISC. No.7433 of 2025(2) dt.07-02-2025 2/3 was recovered.

4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case with an ulterior motive. He further submits that illicit liquor has not been recovered from his conscious possession. He also submits and similarly situated co-accused persons have already been granted regular bail by a co-ordinate Bench of this Court vide order dated 25.09.2024, passed in Cr. Misc. No. 68712 of 2024. Petitioner is stated to be having no criminal antecedent. Lastly, he submits that petitioner is languishing in custody since 20.12.2024.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that similarly situated co-accused persons have been granted regular bail by a co-ordinate Bench of this Court as also the fact that petitioner is languishing in custody since 20.12.2024, I am inclined to grant the regular bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special

Patna High Court CR. MISC. No.7433 of 2025(2) dt.07-02-2025 3/3 Excise Judge-II, Khagaria in connection with Beldaur PS case no. 299 of 2024.

(Anil Kumar Sinha, J) rinkee/- U T