Raj Kumar Sharma @ Rajkumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36578 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Raj Kumar Sharma @ Rajkumar Sharma S/o- Late Bindeshwari Sharma @ Vindeshwari Sharma Resident of Village- Nilkothi (Neel) Ward No. 31, P.S.- Dehri, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13 For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-05-2025 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner makes a prayer for grant of regular bail in a registered for the offences punishable under Sections 30(a)of the Bihar Prohibition & Excise Act.
3. The FIR and seizure list would go to show that total 54 liters of Beer and 42.60 liters of foreign liquor were recovered from courtyard of the petitioner's house kept in a sack and the petitioner was arrested from the house.
4. Learned counsel for the petitioner submits that the recovery has been made from the house which is in the joint possession of the other family members and no recovery has been made from physical and conscious possession of the
Patna High Court CR. MISC. No.36578 of 2025(2) dt.28-05-2025 2/2 petitioner. Further there is no independent witness to the seizure list and the petitioner has no criminal antecedent. The petitioner is in custody since 16.04.2025 having clean antecedent.
5. The learned APP opposes the prayer for bail.
6. Considering the aforesaid facts and circumstances of the case, let the above name petitioner shall be enlarged on bail on furnishing bail bonds of Rs 10,000/- (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 Sasaram Excise P.S. Case No.122 of 2025.
7. However, it is directed that the petitioner would appear on each and every week before the investigating officer of the concerned police station till the charge sheet is submitted. (Soni Shrivastava, J) N.K/- U T