Saroj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58827 of 2025 Arising Out of PS. Case No.-170 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Saroj Kumar Sharma, S/o Late Jalim Sharma, Resident of village- Jaganpura, P.S.- Vaishali, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Jay Nagar P.S. Case No. 170 of 2025, instituted under Sections 274, 275, 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 87.375 litres Nepali liquor from two motorcycle and two persons fled away leaving the motorcycle. Petitioner is said to be the registered owner of one of the seized motorcycle bearing Registration No. BR06AS-5053.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the owner of the seized motorcycle. Petitioner was

Patna High Court CR. MISC. No.58827 of 2025(2) dt.23-09-2025 2/2 not present on the spot. No incriminating material has been recovered from his possession. He has no concern with the seized liquor and he has already sold the said vehicle to one Sunil Kumar on 07.09.2024, a copy of the sale agreement is annexed as "Annexure-P-2" to this petition. Petitioner has no criminal antecedent. He undertakes to co- operate in the investigation and trial.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the Petitioner, above-named, 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 Exclusive Special Judge Excise, Madhubani, in connection with Jay Nagar P.S. Case No. 170 of 2025, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

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