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Patna High Court

Om Prakash SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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