Patna High CourtCR. MISC./77938/2023bail granted

Man Kishore Sharma v. The State Of Bihar

2023-12-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77938 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- BASANHI District- Saharsa ====================================================== Man Kishore Sharma S/O Laltun Sharma Village- Godram Pachwari Tola, Ps. Basnahi, Dist. Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Basnahi P.S. Case No. 124 of 2023 instituted for the offences under Sections 25(1-B)(a), 26, 35 of the Arms Act and under Section 30(a) of Bihar Prohibition Special (Excise) Judge, Saharsa.

3. As per allegation made in the F.I.R., the police has recovered 38 liters of illicit country made liquor, one smart phone and Rs. 1200/- in cash from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has one criminal antecedent in which he is on bail. There is complete violation of Section 100

Patna High Court CR. MISC. No.77938 of 2023(2) dt.05-12-2023 2/2 Cr.P.C. The petitioner is in judicial custody since 20.07.2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case as also taking into account the period of custody, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Basnahi P.S. case No. 124 of 2023. (Rudra Prakash Mishra, J) rishi/- U T