Patna High Court
Shant Sharma @ Shaan Sharma @ Sanny 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, 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
- BNSS, 2023 — s. 103
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
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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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