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2026 DAILYLAW 28358 (PAT)

Ashok Sharma v. The State of Bihar

CR. MISC./50560/2026 · 2026-07-23

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50560 of 2026 Arising Out of PS. Case No.-166 Year-2026 Thana- PIPRA District- Supaul ====================================================== Ashok Sharma Son of Sitaram Sharma Resident of Village- Simarhi (Simrahi Bazar), Ward No, 13, P.S. Raghopur, District Supaul ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhim Kumar Yadav, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 23-07-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in Pipra P.S. Case No. 166 of 2026 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 444.24 liters liquor was recovered from Pick-up and the petitioner was arrested on spot. 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 the conscious possession of the petitioner. The petitioner Patna High Court CR. MISC. No.50560 of 2026(2) dt.23-07-2026 2/3 has got no concern with the alleged recovery of liquor. It is further submitted that petitioner is the driver of the vehicle in question and he had no knowledge with regard to nature of goods kept in the vehicle. The petitioner is in custody since 18.05.2026 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 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 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 Pipra P.S. Case No. 166 of 2026, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the Patna High Court CR. MISC. No.50560 of 2026(2) dt.23-07-2026 3/3 bail bonds of the petitioner. sukriti/- (Rudra Prakash Mishra, J) U T