IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 43328 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- EXCISE PIRO District- Bhojpur ====================================================== Golu Kumar Sharma S/O Girija Nandan Sharma R/O Village-Piro Ward no. 8,PS-Piro, Distt-Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Uday Kumar For the Opposite Party/s : Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 16-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Excise Piro P.S. Case No.55 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. 3. As per prosecution case, there is alleged recovery of 30 litre illicit liquor from the motorcycle in question bearing registration no. BR03Y8179 and co-accused Sushil Sharma and Dhananjay Yadav were apprehended on the spot. 4. Learned counsel for the petitioner orally submits that petitioner is not named in the FIR and his name has been transpired in the present case as owner of the motorcycle in question. He further submits that petitioner has given his Patna High Court CR. MISC. No. 43328 of 2025(2) dt.16-07-2025 2/3 motorcycle to his brother, Sushil Sharma, who is also co- accused and he has misused the said motorcycle for carrying illicit liquor. He further submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears criminal antecedent of one case in which he is on bail. Nothing has been recovered from the conscious possession of the petitioner. He further submits that seizure list has not been prepared as per law. In the light of aforesaid facts and circumstances of the case, no offence is made out against the petitioner. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner and submits that 30 litre illicit liquor was recovered from the motorcycle in question and petitioner cannot escape from the liability of the alleged recovery. 6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like Patna High Court CR. MISC. No. 43328 of 2025(2) dt.16-07-2025 3/3 amount each to the satisfaction of learned Exclusive Special Excise Judge 2nd Bhojpur, Ara in connection with Excise Piro P.S. Case No.55 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S vashudha/- (Alok Kumar Pandey, J) U T