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2025 DAILYLAW 45519 (PAT)

Rabin Sharma v. The State of Bihar

CR. MISC./33606/2025 · 2025-05-16

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33606 of 2025 Arising Out of PS. Case No.-365 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Rabin Sharma S/O Janardhan Sharma R/O Village- Barun, P.S- Beldour, Distt.- Khagaria. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Parmatma Singh, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 16-05-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in Beldour P.S. case No. 365 of 2024 instituted for the offences under Section 30(a), 30(c) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 85 liters liquor, two gas stoves, three gas cylinders, utensils were recovered from the bank of Koshi river. 300 liters jawa mahua were also got destroyed at the spot. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner Patna High Court CR. MISC. No.33606 of 2025(2) dt.16-05-2025 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that the recovery is made from open place accessible to public at large. The petitioner is in custody since 23.04.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted bail by this Bench vide order dated 01.05.2025 passed in Cr. Misc. No. 28302 of 2025. 5. Learned A.P.P. 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, clean antecedent 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 Beldour P.S. case No. 365 of 2024. Pankaj/- (Rudra Prakash Mishra, J) U T