Patna High Court
Ravikant Sharma @ Puttu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Ravikant Sharma, feared arrest in a case where police raided a premises and seized 154.260 liters of illicit foreign liquor and a Tata Magic vehicle. No liquor or the vehicle was found in his physical possession, and he claims he was falsely implicated. The State opposed his bail, citing the alleged offences under the Bihar Narcotic Substances provisions and the Bihar Excise Liquor Prohibition Act. The court noted the lack of recovery from the petitioner, his clean antecedent, and the irregularity of the seizure memo lacking two independent witnesses, and therefore granted anticipatory bail. The bail was conditioned on a Rs.10,000 bond with two sureties, cooperation with the investigation, and verification of his criminal antecedent, subject to Section 438(2) CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the circumstances of the seizure and lack of possession
- Whether the seizure memo’s procedural defects affect the legality of the evidence and the bail decision
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- BNS — s. 317(5), 318(4), 336(3), 338
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal seizure
- liquor prohibition
- criminal procedure
- bail conditions
- Bihar
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16977 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- PARSA District- Saran
======================================================
Ravikant Sharma @ Puttu Singh S/O Ram Vilash Sharma Village- Bhikhari
chhapra, P.S.- Parsa, District- Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr Harendra Kumar Singh
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehend his arrest in connection
with Parsa P.S. Case No. 34 of 2026, registered for the offences
punishable under Section 317(5), 318(4), 338, 336(3) of BNS
and Section 30(a) of Bihar Excise Liquor Prohibition Act, 2016.
3. As per allegation, the police party conducted raid
and recovered 154.260 liters of illicit foreign liquor and a Tata
Magic (Reg. No. BR01GB-9407) from the place of occurrence.
Seeing the police party, the petitioner fled away.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated.
Nothing has been recovered from his conscious physical
possession. He is a person of clean antecedent.
Patna High Court CR. MISC. No.16977 of 2026(2) dt.25-03-2026
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5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the fact that recovery has been made
from a vehicle which has nothing to do with the petitioner and
that there is no recovery from the conscious possession physical
possession of the petitioner and further that that the petitioner
has no criminal antecedent and also the fact that the search and
seizure memo is not signed by two independent witnesses,
which puts a question mark on the legality and validity of the
seizure itself, I am inclined to grant privilege of anticipatory bail
to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 3,
Saran at Chapra in connection with Parsa P.S. Case No. 34 of
2026, subject to the conditions laid down under section 438(2)
of the Code of Criminal Procedure/Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further
condition that :-
(i) The petitioner shall co-operate in the investigation/
Patna High Court CR. MISC. No.16977 of 2026(2) dt.25-03-2026
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trial.
(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioner and in case it is found
that the petitioner has concealed his criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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