Kritlal Sharma @ Ritlal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14381 of 2026 Arising Out of PS. Case No.-3 Year-2026 Thana- PIPRA District- Supaul ====================================================== 1.

Kritlal Sharma @ Ritlal Sharma S/O Raghunath Sharma @ Raghu Sharma R/o village Keshavnagar Jolhanian, Ward No. 9, P.S.- Pipra, DistrictSupaul. 2.

Kapilesh Sharma @ Kaplesh Sharma Son of Shikhet Sharma R/o village Keshavnagar Jolhanian, Ward No. 9, P.S.- Pipra, District- Supaul. 3.

Vijay Sharma Son of Rajeshwar Sharma @ Rajendra Sharma, R/o village Keshavnagar Jolhanian, Ward No. 9, P.S.- Pipra, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Singh, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Pipra P.S. Case No. 3 of 2026 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 177 litres of liquor was recovered from e-rickshaw.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted

Patna High Court CR. MISC. No.14381 of 2026(2) dt.27-02-2026 2/3 that petitioners are not the owner of the vehicle in question. It is further submitted that the vehicle in question is registered in the name of the wife of petitioner no. 1. Learned counsel further submitted that petitioner nos. 2 and 3 have no concern with the vehicle from which the alleged recovery has been made. It is further submitted that petitioner no. 1 is the driver of the vehicle. It is further submitted that petitioners have got no concern with the loaded articles/liquor. The petitioners are in custody since 03.01.2026 and have 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioner no.1 be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra P.S. Case No. 3 of 2026, subject to the following conditions:

Patna High Court CR. MISC. No.14381 of 2026(2) dt.27-02-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner no. 1.

(II) The petitioner no. 1 shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner no. 1.

8. Let the petitioner nos. 2 and 3 be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra P.S. Case No. 3 of 2026.

(Rudra Prakash Mishra, J) Alok Verma/- U T