Vijay Sharma @ Vijay Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45986 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- Pahelja P.S. District- Saran ====================================================== 1.

Vijay Sharma @ Vijay Kumar Sharma S/o Birendra Sharma R/o VillageKharika Khajurwani, P.S.- Pahleja, District- Saran at Chapra 2.

Soni Devi W/o Vijay Sharma @ Vijay Kumar Sharma R/o Village- Kharika Khajurwani, P.S.- Pahleja, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-07-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in a case registered under Section 30(a) of Bihar Excise Act.

3. As per prosecution case, 10 liters country made liquor was recovered in front of the house of the petitioners.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to suspicion as petitioner no. 1 has got three criminal antecedents of similar nature and petitioner no. 2 has got one criminal antecedent of similar nature. Further submission is that the alleged recovery has been

Patna High Court CR. MISC. No.45986 of 2025(2) dt.21-07-2025 2/2 made from an open place which does not belong to the petitioners. Seizure has not been made in accordance with law. Petitioners undertake to cooperate in the investigation and trial.

5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Saran at Chapra in connection with Pahleja P.S. Case No. 52 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T