Ali Sharma @ Alli Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23875 of 2025 Arising Out of PS. Case No.-190 Year-2024 Thana- BARSOI District- Katihar ====================================================== Ali Sharma @ Alli Kumar S/o Satish Sharma Resident of Village- Mangoi, Gorakhpur, P.S.- Azamnagar, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Musowir For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Barsoi P.S. Case No.190 of 2024 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is alleged recovery of 15 litre illicit liquor from the motorcycle in question and co-accused, Sheela Devi, was apprehended on the spot and co-accused, Bikkuwa Rabidas, managed to flee away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has

Patna High Court CR. MISC. No.23875 of 2025(2) dt.06-05-2025 2/3 been transpired in the present case as owner of the motorcycle in question. Petitioner is not found at the place of occurrence. He further submits that petitioner has given his motorcycle to co-accused Bikkuwa Rabidas for urgent work and petitioner has no concern with the alleged occurrence. He further submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J Exclusive Special Excise Court No. 2,

Patna High Court CR. MISC. No.23875 of 2025(2) dt.06-05-2025 3/3 Katihar, District-Katihar in connection with Barsoi P.S. Case No.190 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

(Alok Kumar Pandey, J) vashudha/- U T