Balmukund Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66297 of 2025 Arising Out of PS. Case No.-143 Year-2025 Thana- BASOPATTI District- Madhubani ====================================================== Balmukund Sharma S/o Gaurishankar Sharma R/o Village- Panchratan, P.S.- Basopatti, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Basopatti P.S. Case No. 143 of 2025 registered for the alleged offences under Sections 274, 275, 3(5) of BNS and 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, during special patrolling, SSB team apprehended the petitioner with 90 litres of country made Nepali liquor on his motorcycle. Four other motorcycle riders, who were following the petitioner, fled away to Nepal leaving behind their motorcycle and from the motorcycle seized of other persons, recovery of 450 litres of country made Nepali liquor was made.

Patna High Court CR. MISC. No.66297 of 2025(2) dt.24-09-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner. The petitioner is having antecedent of four cases and he is on bail in all such cases. The petitioner is in custody since 19.06.2025 and charge sheet has been submitted.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Madhubani/concerned Court in connection with Basopatti P.S. Case No. 143 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present

Patna High Court CR. MISC. No.66297 of 2025(2) dt.24-09-2025 3/3 on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T