Badri Sharma @ Badri Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54447 of 2025 Arising Out of PS. Case No.-171 Year-2024 Thana- BELHAR District- Banka ====================================================== Badri Sharma @ Badri Verma S/o Kishtu Ram @ Kistu Ram R/o VillageKoriyasa, P.S.- Kunda, District- Deoghar (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends arrest in connection with Belhar P.S. Case No.171 of 2024 (Spl. Excise Case No.278 of 2024) instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is a recovery of 20 litres illicit country made liquor from the bag of co-accused Pankaj Turi who is alleged to have tried to flee away from a motorcycle but the police arrested him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case on account of being the owner of the said motorcycle. It is further submitted that the seized motorcycle

Patna High Court CR. MISC. No.54447 of 2025(2) dt.19-08-2025 2/2 had already been gifted through an affidavit to one Mukesh Ramani on 11.07.2007 and after that petitioner has no concern with the said motorcycle. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized illicit liquor. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

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

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsels 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Banka in connection with Belhar P.S. Case No.171 of 2024 (Spl. Excise Case No.278 of 2024), subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Harish/- U T