Aviral Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88215 of 2025 Arising Out of PS. Case No.-187 Year-2025 Thana- KOILWAR District- Bhojpur ====================================================== Aviral Kumar Sharma, Son of Sudharshan Sharma Resident of Village - Jalpura, P.S. - Naubatpur, Dist. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Koilwar P.S. Case No. 187 of 2025 dated 14.08.2025 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2022.

3. The allegation is of recovery of 37.5 litre foreign liquor from a motorcycle which belongs to the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that co-accused Sarvesh Kumar was apprehended with motorcycle and the said illicit foreign liquor was seized. Only on the basis that the petitioner is the owner of the motorcycle, he has been made accused in this case. It is

Patna High Court CR. MISC. No.88215 of 2025(2) dt.22-12-2025 2/2 submitted that Sarvesh Kumar, who happens to be the friend of the petitioner, took the motorcycle from the petitioner for medical checkup of this mother. The petitioner has no knowledge of the said act of the apprehended accused person. The petitioner has no concern with the said recovery. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Koilwar P.S. Case No. 187 of 2025, he will 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 the learned Exclusive Special Excise Judge 2nd, Bhojpur at Ara, subject to condition as laid down under Section 482(2) of the B.N.S.S., (Khatim Reza, J) premchand/- U T