Patna High CourtCR. MISC./59265/2025bail granted

Shailendra Sharma v. The State Of Bihar

2025-09-23Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59265 of 2025 Arising Out of PS. Case No.-50 Year-2021 Thana- RUPAULI District- Purnia ====================================================== Shailendra Sharma S/o- Saryug Sharma Village- Baliya PS-Mohanpur Rupouli Distt-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. As prayed for, learned counsel appearing on behalf of the petitioner is permitted to delete paragraph Nos. 8, 9 and 10 of the bail application.

3. The petitioner seeks pre-arrest bail in connection with Rupouli (Akbarpur O.P.) P.S. Case No. 50 of 2021 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

4. Allegation is of recovery of altogether 36 litres of country made liquor from two motorcycles.

5. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated

Patna High Court CR. MISC. No.59265 of 2025(2) dt.23-09-2025 2/3 in the case due to enmity. He has no concern either with the seized liquor or trade of liquor in any manner. He had given his motorcycle to the co-accused and he had no knowledge that his motorcycle will be misused for carrying liquor. Nothing has been recovered from the possession of the petitioner. The petitioner has clean antecedent.

6. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

7. Having considered the rival submissions made on behalf of the parties and the nature of allegation against the petitioner and the fact that nothing has been recovered from the possession of the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending in connection with Rupouli (Akbarpur O.P.) P.S. Case No. 50 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner

Patna High Court CR. MISC. No.59265 of 2025(2) dt.23-09-2025 3/3 is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

9. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T