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Patna High Court

Shant Sharma @ Shaan Sharma @ Sanny SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Shant Sharma, was arrested in connection with a case involving the seizure of 1,041.84 liters of foreign liquor, alleged to be a violation of Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was merely the driver and had no knowledge of the contraband, and highlighted the absence of any incriminating material in his possession and his clean criminal record. The State opposed bail, but the court noted the petitioner had been in custody since 26-10-2025 and that there was no compliance with Section 103 of the BNSS, 2023. Considering these facts, 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 under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act in view of the facts and the non‑compliance of Section 103 of the BNSS, 2023.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor
  • criminal procedure
  • Section 103
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1477 of 2026
                         Arising Out of PS. Case No.-292 Year-2025 Thana- SONO District- Jamui
                 ======================================================
                 Shant Sharma @ Shaan Sharma @ Sanny Sharma S/o- Rajendra Sharma R/v-
                 Asansol Ps- Jamuriya Dist- Bardhman West Bengal

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanju Singh, Adv.
                 For the Opposite Party/s :       Mr. Md. Mushtaque Alam, 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 Sono PS

                   Case No. 292 of 2025 instituted for the offences under Sections

                   30(a) & 32 of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 1041.84 liters of

                   foreign liquor was recovered from the pick-up.

                           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 being the driver of the vehicle

                   in question and he has no knowledge regarding the nature of
           Patna High Court CR. MISC. No.1477 of 2026(2) dt.19-01-2026
                                                       2/2




                     goods kept in the vehicle. The petitioner is in custody since

                     26.10.2025 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 Sono PS Case No. 292 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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