Patna High Court
Vikram Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court ordered that bail be granted to both petitioners on a bond of Rs.10,000 with two sureties, subject to cancellation if a prior excise offence is later discovered.
Summary
Vikram Kumar Sharma and Hamid Rab were arrested in connection with an Excise case (No. 324 of 2025) for allegedly possessing 43.2 litres of IMFL, alleged offences under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. The petitioners claimed they were falsely implicated, asserted that no incriminating article was recovered from them, and highlighted their clean record. The chargesheet had been filed and they had been in custody since 9 December 2025. After hearing both sides, the Court considered the lack of antecedent, the filing of the chargesheet, and the circumstances of the FIR, and ordered that regular bail be granted on a bond of Rs.10,000 with two sureties, subject to cancellation if any prior excise offence is later discovered. The order was pronounced by Justice Partha Sarthy of the Patna High Court.
Issues considered
- Whether regular bail should be granted to the accused in an excise case under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016, considering they have been in custody since 9 December 2025, have no criminal antecedent, and a chargesheet has been filed.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- bail
- excise
- IMFL
- false implication
- criminal antecedent
- chargesheet
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17903 of 2026
Arising Out of PS. Case No.-324 Year-2025 Thana- Excise P.S. District- Saran
======================================================
1. Vikram Kumar Sharma S/O Late Rajendra Sharma R/O Village- Manjhopur
Ward No. 02, P.S- Taraiya, District- Saran.
2. Hamid Rab S/O Raji Ahmad R/O Village- Bhatgai, P.S- Taraiya, Distt.-
Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chetna, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Excise P.S. Case no. 324
of 2025 registered under sections 30(a) & 32(3) of the Bihar
Prohibition and Excise Act, 2016
3. As per the prosecution case, 43.2 litres of IMFL
was recovered from the motorcycle in question and the
petitioners were taken into custody.
4. It is submitted by learned counsel for the petitioners
that the petitioners have been falsely implicated in the case. No
incriminating article have been recovered from their possession.
They have no criminal antecedent and are in custody since
Patna High Court CR. MISC. No.17903 of 2026(2) dt.25-03-2026
2/2
9.12.2025. Chargesheet has been submitted in the case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners in the
F.I.R., the petitioners being in custody since 9.12.2025, their not
having any criminal antecedent and chargesheet having been
submitted in the case, the Court directs the petitioners to be enlarged
on bail in connection with Excise P.S. Case no. 324 of 2025 on each
of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Court no.3, Saran (Chapra) on
the following condition:
(i) If it subsequently transpires that any of the
petitioners had criminal antecedent under the Bihar Prohibition
and Excise Act, 2016, the prosecution will be at liberty to move
this Court for cancellation of bail of the respective petitioner.
(Partha Sarthy, J)
Bibhash/-
U T
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