Gaurav Kumar @ Gaurav Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18900 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- Bhawanipur District- Bhagalpur ====================================================== Gaurav Kumar @ Gaurav Sharma S/O Lalkun Sharma R/O vill.- Raipur, P.S.- Bhawanipur, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Navin Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Bhawanipur PS Case No. 22 of 2025 dated 11-02-2025, instituted under Sections 30(A)(C)(D) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3.The allegation is of the recovery of 220 litres of illicit country-made liquor from the house (basa) of Lalkun Sharma, and 400 litres of semi-prepared country-made liquor from the land situated in the mango orchard to the north of the

Patna High Court CR. MISC. No.18900 of 2025(2) dt.16-04-2025 2/3 Khandwa Dhaar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is submitted that 220 litres of illicit country-made liquor were recovered from the house (basa) of Lalkun Sharma, and on the basis of secret information the petitioner has been implicated as an accused in this case. It is further submitted that the petitioner happens to be the son of the said Lalkun Sharma. It is next submitted that nothing has been recovered either from the conscious possession or the house of the petitioner. It is also submitted that the petitioner has no concern whatsoever with the seized articles. It is further submitted that the mango orchard, from where 400 litres of semi-prepared liquor were allegedly recovered, does not belong to the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.18900 of 2025(2) dt.16-04-2025 3/3 Additional Sessions Judge IX, Bhagalpur, in Bhawanipur PS Case No. 22 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T