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2025 DAILYLAW 33816 (PAT)

Preetam Kumar Sharma v. The State of Bihar

CR. MISC./22580/2025 · 2025-05-01

Chandra Shekhar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22580 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- EXCISE UDAKISHUNGANJ District- Madhepura ====================================================== Preetam Kumar Sharma S/o Late Ganesh Prasad Sharma R/o Vill- Chirori Ward No. 7, P.S.- Chousa, Dist- Madhepura ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranvir Kumar, Advocate For the Opposite Party/s : Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 01-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Udakishunganj Excise P.S. Case No.45 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act. 3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 16 liters of IMFL/country-made liquor. 4. It is submitted by learned counsel appearing for the petitioner that alleged illicit liquor as per seizure list appears to be recovered from an open place. It is pointed out that name of petitioner transpired in present case on the basis of unknown Patna High Court CR. MISC. No.22580 of 2025(2) dt.01-05-2025 2/2 villagers, who disclosed that it was petitioner, who thrown bag containing illicit liquor on road. The petitioner is said to be a man of clean antecedent. 5. Learned APP opposed the prayer of bail. 6. In view of aforesaid factual submissions and by taking note of fact, as recovery of illicit liquor prima facie not appears to be made from conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge Excise-II, Madhepura in connection with Udakishunganj Excise P.S. Case No. 45 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS. Sanjeet/- (Chandra Shekhar Jha, J.) U T