Balo Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29066 of 2022 Arising Out of PS. Case No.-231 Year-2021 Thana- BIRAUL District- Darbhanga ====================================================== Balo Sharma Son of Ghuran Sharma Resident of village - Dodiha, P.s.- Singhiya, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishor Prasad, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Biraul P.S. Case No. 231 of 2021 lodged under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. As per the prosecution case, about 552.24 litres foreign liquor is subject matter of this case. Learned counsel for the petitioner submits that he has not named in the F.I.R. He submits that his name has figured in this case by virtue of the confession made by the co-accused. Nothing was recovered from his possession. Learned counsel further submits that he has not been apprehended from the place

Patna High Court CR. MISC. No.29066 of 2022(3) dt.04-11-2022 2/2 of occurrence and he subsequently surrendered upon getting information that case has been filed against him. He submits that antecedent of the petitioner is clean and he is in custody since 08.03.2022, charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- II- cumSpecial Judge (Excise) - II, Darbhanga in connection with Biraul P.S. Case No. 231 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T