Patna High Court
Kritlal Sharma @ Ritlal SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners subject to bond and conditions.
Summary
The petitioners, three residents of Keshavnagar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 177 litres of liquor were recovered from an e‑rickshaw. They contended that they were falsely implicated, that the vehicle was owned by the wife of petitioner No.1 and that none of the liquor was in their conscious possession; they also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the absence of incriminating material against the accused, their clean record and the procedural lapse, the Court granted bail to all three petitioners, imposing a bond of Rs.15,000 with two sureties each and specific conditions for petitioner No.1.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail.
- Whether ownership of the vehicle and lack of possession of the liquor affect the bail decision.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- vehicle ownership
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14381 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- PIPRA District- Supaul
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1. Kritlal Sharma @ Ritlal Sharma S/O Raghunath Sharma @ Raghu Sharma
R/o village Keshavnagar Jolhanian, Ward No. 9, P.S.- Pipra, District-
Supaul.
2. Kapilesh Sharma @ Kaplesh Sharma Son of Shikhet Sharma R/o village
Keshavnagar Jolhanian, Ward No. 9, P.S.- Pipra, District- Supaul.
3. Vijay Sharma Son of Rajeshwar Sharma @ Rajendra Sharma, R/o village
Keshavnagar Jolhanian, Ward No. 9, P.S.- Pipra, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Singh, Advocate
For the Opposite Party/s : Mrs. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Pipra
P.S. Case No. 3 of 2026 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 177 litres
of liquor was recovered from e-rickshaw.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.14381 of 2026(2) dt.27-02-2026
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that petitioners are not the owner of the vehicle in question. It is
further submitted that the vehicle in question is registered in the
name of the wife of petitioner no. 1. Learned counsel further
submitted that petitioner nos. 2 and 3 have no concern with the
vehicle from which the alleged recovery has been made. It is
further submitted that petitioner no. 1 is the driver of the
vehicle. It is further submitted that petitioners have got no
concern with the loaded articles/liquor. The petitioners are in
custody since 03.01.2026 and have no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioner no.1 be released on bail, after
framing of charge, if not already framed, on furnishing bail
bonds of Rs. 15,000/- (Rupees 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. 3
of 2026, subject to the following conditions:
Patna High Court CR. MISC. No.14381 of 2026(2) dt.27-02-2026
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(I) One of the bailors shall be own/close member of
the family of the petitioner no. 1.
(II) The petitioner no. 1 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 bail bonds of the petitioner no. 1.
8. Let the petitioner nos. 2 and 3 be released on bail
on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen
Thousand) each with two sureties of the like amount each to the
satisfaction of Court below/concerned Court in connection with
Pipra P.S. Case No. 3 of 2026.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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