Aviral Kumar Sharma Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Aviral Kumar Sharma Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: upon arrest or surrender within six weeks, release on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge 2nd, Bhojpur at Ara, subject to the conditions under Section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioner, apprehending arrest in Koilwar P.S. Case No. 187 of 2025 instituted for an offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2022, is entitled to anticipatory bail.

Court's answer

On consideration of the facts, circumstances and submissions, in the event of the petitioner's arrest or surrender within six weeks from the date of the order, in connection with Koilwar P.S. Case No. 187 of 2025, he will be released on bail.

Ratio / Principle

The release is conditioned on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge 2nd, Bhojpur at Ara, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Criminal Miscellaneous No. 88215 of 2025, Khatim Reza, J., order dated 22-12-2025). Petitioner Aviral Kumar Sharma apprehended arrest in Koilwar P.S. Case No. 187 of 2025 (dated 14.08.2025) instituted under Sections 30(a) of the Bihar Prohibition & Excise Act, 2022, relating to recovery of 37.5 litre of foreign liquor from a motorcycle owned by him. Counsel for the petitioner contended false implication, stating that co-accused Sarvesh Kumar was the person apprehended with the motorcycle and the illicit liquor, and that the petitioner had no knowledge of the recovery and no criminal antecedents; the learned A.P.P. opposed the prayer. Having considered the facts, circumstances and submissions, the court directed that in the event of arrest or surrender of the petitioner within six weeks, in connection with the said case, he be released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge 2nd, Bhojpur at Ara, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

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

2 22-12-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

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.

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

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.

On the other hand, learned A.P.P. for the State has

opposed the prayer for anticipatory bail of the petitioner.

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 2^nd , Bhojpur at Ara, subject to condition as laid down under Section 482(2) of the B.N.S.S.,

premchand/-

U T

(Khatim Reza, J)