Patna High Court
Om Prakash SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Om Prakash Sharma, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 105.125 litres of liquor recovered from a plastic sac. The petitioner claimed innocence, stating that the recovery was made from an open public place and that his name was implicated due to village politics, with no incriminating material found in his possession and no prior criminal record. The State opposed bail, but the court noted the lack of material evidence, the prolonged custody since 10‑11‑2025, and the non‑compliance of Section 103 of the BNSS, 2023. Considering these circumstances, the court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the recovery and the custody period.
- Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- liquor possession
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103 BNSS
- criminal procedure
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1246 of 2026
Arising Out of PS. Case No.-222 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Om Prakash Sharma S/O Late Ram Sharan Sharma R/O Village- Barki
Badhouna, Ward No.02, P.S- Chausa, Distt.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pooja Prasad, Adv.
For the Opposite Party/s : Mr. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Udakishungnaj Excise PS Case No. 222 of 2025 instituted for
the offences under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 105.125 liters of
liquor was recovered from the plastic sac.
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 name of the
petitioner transpired in this case on the disclosure made by the
Patna High Court CR. MISC. No.1246 of 2026(2) dt.19-01-2026
2/2
local persons due to village politics. Learned counsel for the
petitioner submits that the recovery has been made from an open
place which is accessible to one and all. The petitioner is in
custody since 10.11.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the BNSS, 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 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 Udakishungnaj Excise PS Case No.
222 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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