Balram Kumar @ Baliram Kumar v. The State of Bihar
CR. MISC./3998/2025 · 2025-02-12
Anshuman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9713 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9713 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3998 of 2025 Arising Out of PS. Case No.-556 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Balram Kumar @ Baliram Kumar Son of Rudal Prasad village- Ahwar Sheikh, Ps- Majhauliya, Dist- East champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 12-02-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State. 2. The petitioner seeks regular bail in connection with N.D.P.S. 66 of 2023 arising out of Harsiddhi P.S. Case No.556 of 2023 lodged under Sections 413, 414 & 34 of the I.P.C. read with sections 25(1-B)a, 26/35 of the Arms Act read with section 8/20B(ii)(C) of N.D.P.S. Act. 3. As per the prosecution case, the F.I.R. has been lodged against 4 named accused persons including the present petitioner from whose possession, charus and arms has been recovered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner is in custody since 19.09.2023 having
Patna High Court CR. MISC. No.3998 of 2025(2) dt.12-02-2025 2/3 clean antecedent
5. Counsel also submits that the other two co-accused have been granted bail by the Co-ordinate Bench of this Court and by this Hon’ble Court vide order dated 21.03.2024 passed in Cr. Misc. No.3807/2024 and vide order dated 18.01.2024 passed in Cr. Misc. No.1014/2024. He further submits that the co- accused, Yashwant Giri having 3 antecedent, has been granted bail, but the petitioner antecedent is clean and, therefore, the petitioner may be granted bail. 6. Counsel further submits that the said recovery which has been made from the possession of the petitioner, is less than the commercial quantity. 7. Learned counsel for the State opposes the prayer for bail and submits that from the petitioner’s possession, 252 gram of charas along with one lodged desi katta and one live cartridges has been recovered, therefore, his bail may not be granted. 8. Counsel further submits that case of the petitioner is different footing than those to whom the bail has been granted.
He further submits that from the co-accused, namely, Ravi Kumar and Yashwant Giri, only two live cartridges have been recovered from their possession. Patna High Court CR. MISC. No.3998 of 2025(2) dt.12-02-2025 3/3
9. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected. Prakashmani/- (Dr. Anshuman, J.) U T