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Patna High CourtCR. MISC./59167/2025allowed

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

2025-09-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59167 of 2025 Arising Out of PS. Case No.-214 Year-2025 Thana- EXCISE PUPRI District- Sitamarhi ====================================================== Anish Kumar Sharma @ Anish Kumar, S/o Umesh Sharma, R/o VillageMohanpur, Ward no. 39, P.S.- Sitamarhi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Excise Pupri P.S. Case No. 214 of 2025 for the offence registered under Sections 30 (a) and 32 (c) of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, total 198 litres of illicit Nepali Gaurav Saufi liquor recovered from the Magic vehicle near Adalpur Petrol Pump. It is alleged that the petitioner is the co-driver (helper) of the seized Magic vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case being the helper of the seized Magic vehicle. He has no concern with the seized liquor. Nothing has been recovered from

Patna High Court CR. MISC. No.59167 of 2025(2) dt.11-09-2025 2/2 the conscious possession of the petitioner. He further submits that the petitioner has no knowledge about the seized liquor loaded in the vehicle. Petitioner is in jail custody since 05.07.2025, having one criminal antecedent in which he is on bail. Petitioner undertakes to cooperate in the trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge- 02, Sitamarhi, in connection with Excise Pupri P.S. Case No. 214 of 2025.

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