Shivjee Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30866 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- KATEYA District- Gopalganj ====================================================== 1.

Shivjee Sharma S/O Chandeswar Sharma Resident of village-Sagahari Harpali, Police station- Siwaipatti, District-Muzaffarpur, 2.

Sharawan Kumar @ Sunil Kumar @ Suni Kumar Son of Late Sant Ram Resident of village-Lachchhipur, Police station- Haidarganj, DistrictPhaijabad, Aayodhaya (U.P). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Trial No. 5852 of 2025, PTN 1703 of 2025, arising out of Kateya P.S. Case No. (5139009250023) 23 of 2025 dated 16.01.2025 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, total 154.680 litres of illicit foreign liquor was recovered from the car.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.30866 of 2025(2) dt.13-05-2025 2/2 that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. As per para. 10 of the bail petition, the petitioners are the driver and passenger of the said vehicle. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 18.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj, in connection with Trial No. 5852 of 2025, PTN 1703 of 2025, arising out of Kateya P.S. Case No. (5139009250023) 23 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T