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2025 DAILYLAW 30274 (PAT)

Lalkun Sharma v. The State of Bihar

CR. MISC./22080/2025 · 2025-04-09

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22080 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- Bhawanipur District- Bhagalpur ====================================================== Lalkun Sharma S/O Late Butan Sharma R/Village- Raipur, P.S- Bhawanipur, Distt.- Bhagalpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 09-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Bhawanipur P.S. Case No. 22 of 2025 instituted for the offences punishable under Sections 30(a), (C), (D) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 220 litres of liquor and liquor manufacturing apparatus has been recovered from the basa of the petitioner. It is further alleged that 400 litres of semi manufactured liquor has been destroyed on the spot. 4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No Patna High Court CR. MISC. No.22080 of 2025(2) dt.09-04-2025 2/2 incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from the basa of the petitioner and the alleged basa is situated far away from the house of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 03.03.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner 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 Bhawanipur P.S. Case No. 22 of 2025. Alok Verma/- (Rudra Prakash Mishra, J) U T