Patna High CourtCR. MISC./89592/2024bail granted

Balmukund Sharma v. The State Of Bihar

2025-02-17Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89592 of 2024 Arising Out of PS. Case No.-204 Year-2024 Thana- BASOPATTI District- Madhubani ====================================================== Balmukund Sharma S/o Gauri Shankar Sharma R/o - Panch Ratan, P.S. - Basopatti, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2025 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 Basopatti P.S. Case No. 204 of 2024 dated 05.11.2024 registered for the offences punishable u/ss 274, 275, 317(4), 317(5) read with section 3(5) of the BNS and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 153 litres of illicit Nepali country made liquor was recovered from the four sacks tied with the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.89592 of 2024(2) dt.17-02-2025 2/2 this case. The petitioner is neither the driver nor the owner of the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 06.11.2024.

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, Madhubani in connection with Basopatti P.S. Case No. 204 of 2024.

7. The application stands allowed.

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