Patna High CourtCR. MISC./24097/2025bail granted

Lalu Kumar Sharma v. The State Of Bihar

2025-04-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24097 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- Bathnaha District- Araria ====================================================== Lalu Kumar Sharma S/o Binod Sharma @ Vinod Khatave R/o VillageJImrahi Ward No. 03, P.S.- Bathnaha, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bathnaha P.S. Case No. 12 of 2025 dated 04.02.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act and Sections 338, 340(2), 303(2), 317(2) of B.N.S.

3. As per the prosecution case, total 81 litres of illicit Nepali country-made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the seized

Patna High Court CR. MISC. No.24097 of 2025(2) dt.23-04-2025 2/2 motorcycle whereas the co-accused, Vikesh Kumar Sharma is the driver-cum-owner of the seized vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.02.2025.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 Court concerned, Araria in connection with Bathnaha P.S. Case No. 12 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T