Shukla Karori v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22972 of 2025 Arising Out of PS. Case No.-497 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Shukla Karori S/o Jagdish Karori R/o Village- Teghra, Tole Thalhi, P.S.- Babubarhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Jay Nagar P.S. Case No. 497 of 2023 registered for the offences punishable under Sections 272, 273, 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

3. As per prosecution case, the police has recovered total 810 liters of illicit liquor from 5-6 motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner was neither arrested from the place of occurrence nor anything incriminating has been recovered from his

Patna High Court CR. MISC. No.22972 of 2025(2) dt.11-04-2025 2/3 conscious possession. He further submits that as a matter of fact, the petitioner had sold his motorcycle to his neighbor on the date of occurrence and, thus, the petitioner has no concern with the seized motorcycle bearing Engine No. JA06EJCGH30441. He further submits that as the petitioner is the registered owner of that motorcycle and till date the owner book has not been transferred, the petitioner's name has been roped in the present case. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. The petitioner has no concern with the alleged occurrence or the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case.

5. Learned counsel for the petitioner further submits that the co-accused Sanjay Kumar Sharma @ Ranjay Kumar Sharma has been granted regular bail by this Court vide order dated 26.02.2024 passed in Cr. Misc. No. 12280 of 2024.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner above-

Patna High Court CR. MISC. No.22972 of 2025(2) dt.11-04-2025 3/3 named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jay Nagar P.S. Case No. 497 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T