Sharama Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49898 of 2026 Arising Out of PS. Case No.-202 Year-2026 Thana- BANJARIA District- East Champaran ====================================================== Sharama Dubey S/o Panjab Dubey Resident of Village- Chitanha, Fulwar, P.S.- Banjariya, District - East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Ranjan, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 22-07-2026 Heard learned Counsel for the petitioner, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Banjariya P.S. Case No. 202 of 2026 dated 26.03.2026 registered for the offences punishable under Section 30 (a) of Bihar Prohibition and Excise Act, 2022 which is pending in the court of Learned Exclusive Special Excise Court No. 1, East Champaran at Motihari.

3. Prosecution story in brief, is that, on 26.03.2026 at about 14:00 P.M., the informant namely Mukesh Kumar S.I., Banjariya received a secret information that the petitioner kept illicit country made liquor concealed behind Gwas and the

Patna High Court CR. MISC. No.49898 of 2026(2) dt.22-07-2026 2/3 petitioner is engaged in selling of liquor. After receiving the information, the Police arrived near the Gwas of the petitioner. Upon seeing the Police, an individual fled away from the spot and the local chaukidar identified the individual as petitioner. During the search, the Police recovered 05 litres of country made illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in the present case on mere suspicion. The counsel further submits that the petitioner has no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard the parties and considering the fact that on mere suspicion, the local chaukidar identified the petitioner. I am inclined to grant the petitioner benefit of anticipatory bail. Let the petitioner above named, in the event of arrest/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 Court below/concerned Court is connection with Banjariya P.S. Case No. 202 of 2026 dated 26.03.2026 subject to the

Patna High Court CR. MISC. No.49898 of 2026(2) dt.22-07-2026 3/3 conditions as laid down under Section 482(2) of the Bhartiya Nagarika Suraksha Sanhita, 2023.

(Alok Kumar, J) Anand/- U T