Indal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75779 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- MANIGACHI District- Darbhanga ====================================================== Indal Sharma S/O Late Ram Prasad sharma R/O Vill.- Shivram, P.S.- Bahera, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Manigachhi PS Case No. 77 of 2025 instituted for the offences under section/s 30(a) of the Bihar Prohibition And Excise Act. Earlier vide order dated 22.09.2025, passed in Cr. Misc. No. 55321 of 2025, anticipatory bail of the petitioner was dismissed as infructuous.

3.

The prosecution case, in short, is that 1203.840 liters liquor was recovered from pickup van and motorcycle. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.75779 of 2025(2) dt.04-11-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that name of the petitioner has surfaced in this case as being owner of the pickup van in question and he was oblivious of the fact that illicit liquor was laden in the vehicle. The petitioner is in custody since 15.09.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manigachhi PS Case No. 77 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T