Sunil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7313 of 2025 Arising Out of PS. Case No.-96 Year-2024 Thana- EXCISE ROSERA District- Samastipur ====================================================== Sunil Sharma S/O Surya Narayan Sharma Resident of Village- Raniparti, limas Nagar, Police Station- Town, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-02-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends his arrest in connection with Rosera Excise P.S. Case No.96 of 2024 lodged on 20.07.2024, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, the recovery of 1.440 liter of illicit liquor has alleged to be made, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits

Patna High Court CR. MISC. No.7313 of 2025(2) dt.19-02-2025 2/2 that the petitioner has been falsely implicated in the present case. He further submits that the petitioner's name has been implicated in the present case only due to the reason that he is the owner of the said motorcycle from where the alleged recovered has been made.

5. Counsel for the petitioner submits that petitioner has clean antecedent.

6. Learned Counsel for the State opposes the prayer for bail.

7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Special Judge, Excise Court No.2, Samastipur, in connection with Rosera Excise P.S. Case No.96 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Prakashmani/- U T