Sandip Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51867 of 2025 Arising Out of PS. Case No.-131 Year-2022 Thana- VIJAYEPUR District- Gopalganj ====================================================== Sandip Sharma, S/o Munna Sharma Resident of Village- Majhariya, P.S.- Vijayipur, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewanand Tiwari, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Vijaipur P.S. Case No. 131 of 2022, instituted under Sections 414, 34 of the Indian Penal Code and Sections 30(a), 41 of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 9 litre country made liquor has been recovered from the co-accused persons who were riding on a Hero Honda motorcycle and they disclosed that the petitioner is also involved in the alleged activity.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case by the co-accused with malafide and due to village politics.

Patna High Court CR. MISC. No.51867 of 2025(2) dt.18-08-2025 2/2 Petitioner has no concern with the seized motorcycle or the seized liquor. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has one criminal antecedent which does not belong to the Excise Act and in which he is on bail. Petitioner undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge IV-cum-Special Excise Court II, Gopalganj in connection with Vijaipur P.S. Case No. 131 of 2022, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J.) rakhi/- U T