Raja Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58935 of 2025 Arising Out of PS. Case No.-372 Year-2025 Thana- RAHUI District- Nalanda ====================================================== 1.
Raja Sharma, S/o Madhu Sudan Sharma, R/o Sersiya, P.S.- Giridih, DistrictGiridih (Jharkhand) 2.
Deepak Chaudhary @ Deepak Yadav S/o Khushan Chaudhary R/o Sersiya, P.S.- Giridih, Mufassil, District- Giridih (Jharkhand) 3.
Parbinder Singh S/o Late Sarbajit Singh R/o vill - Giridih Makatpur, Town, P.S.- Giridih, District- Giridih (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar, Advocate For the Opposite Party/s :
Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Rahui (Bhagan Bigha) P.S. Case No. 372 of 2025 for the offence registered under Sections 30 (a) of the Bihar Prohibition & Excise Amendment Act.
3. As per the prosecution case, a pick up van bearing Registration No. BR11GE-7201 was parked near Roshan Dhaba, on Bihta Sarmera Road from which total 1440 litres of illicit liquor has been recovered. It is alleged that the petitioner
Patna High Court CR. MISC. No.58935 of 2025(2) dt.10-09-2025 2/3 no. 1 was the driver of the seized pick up van and petitioner nos. 2 and 3 who were arrested from the Swift Desire car, were escorting the said pick up van.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. They have no concern with the seized liquor, pick up van or Swift Desire car. Nothing incriminating has been recovered from the said Car. He further submits that the petitioners had no knowledge about the seized liquor on the pick up van. There is no independent witness to seizure list which is violation of the provision under Section 103 BNSS. Petitioners are in jail custody since 28.06.2025, having no criminal antecedent. They undertake to cooperate with the investigating and trial of the case.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioners.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioners, 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 Special Judge Excise - II, Bihar Sharif,
Patna High Court CR. MISC. No.58935 of 2025(2) dt.10-09-2025 3/3 Nalanda, in connection with Rahui (Bhagan Bigha) P.S. Case No. 372 of 2025.
(Sunil Dutta Mishra, J) khushbu/- U T