Balmiki Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9787 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- Jaitpur District- Muzaffarpur ====================================================== Balmiki Singh S/o- Mahesh Singh Village- Narangi Jiunath, P.S. Jaitpur, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-02-2025

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Jaitpur P.S. Case No. 126 of 2024 dated 30.09.2024 registered under Section 274, 275, 3(5) of the Bharatiya Nayaya Sanhita, 2023 and Section 30(a), 32(ii), 32(iii), 36 of the Bihar Prohibition and Excise Act.

3. The informant / Police Officer got secret information that liquor traders were carrying liquor on a four wheeler from the village: Khaira Chowk, reached at the place of occurrence and started vehicle checking. During checking, Police recovered 1117.53 liters of foreign liquor from three vehicles. The persons sitting on the vehicles started fleeing away, out of whom, three were arrested, who disclosed the name of the petitioner, who succeeded in fleeing away along with other accused persons.

4. Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.9787 of 2025(2) dt.12-02-2025 2/2 has falsely been implicated in this case on the basis of disclosure of his name by the arrested co-accused persons. The vehicles from which illicit liquor was recovered do not belong to the petitioner as stated in paragraph no. 11 of this application. The petitioner is in custody since 13.12.2024 and there is no likelihood that the petitioner will abscond or tamper with the evidence.

5. Regard being had to the submissions made by the parties, taking into consideration the fact that petitioner is in custody since 13.12.2024 and his name has transpired on the basis of disclosure made by the arrested co-accused, as such, I am inclined to grant regular bail to the petitioner.

6. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No. II, Muzaffarpur in connection with Jaitpur P.S. Case No. 126 of 2024.

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