Patna High Court
Rajeev Kumar Sharma @ BabluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as the petitioner was not in conscious possession, was not the vehicle owner, and procedural requirements under the BNSS Act were not complied with.
Summary
The petitioner, Rajeev Kumar Sharma, was arrested on 24‑12‑2025 in connection with a case involving the seizure of 122.25 litres of Indian‑made foreign liquor from a vehicle owned by Abhay Kumar Singh. He was charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act and Section 303(2) of the Bihar Narcotic and Substance (BNSS) Act, 2023. The petitioner contended that he neither owned nor drove the vehicle, that the liquor was not found in his conscious possession, and that the investigation violated Sections 103 and 105 of the BNSS Act. The prosecution opposed bail, citing a prior similar criminal antecedent. The court, noting the lack of possession, non‑ownership, and procedural lapses, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, presence in court, and verification of antecedents.
Issues considered
- Whether bail should be granted when the accused is not in conscious possession of the seized liquor.
- Whether non‑compliance with Sections 103/105 of the BNSS Act, 2023 warrants bail.
- Whether a prior criminal antecedent precludes bail in the present case.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act, 2023 — s. 103, 105, 303(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41
Subjects
- bail
- prohibition and excise
- illegal liquor
- possession
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20863 of 2026
Arising Out of PS. Case No.-829 Year-2025 Thana- RAJIVNAGAR District- Patna
======================================================
Rajeev Kumar Sharma @ Bablu S/o Dinanath Kunwar R/o Mohalla - Rajeev
Nagar, Road No. 24, P.S - Rajeev Nagar, District - Patna
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Ms. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Pramod Kumar Singh, learned counsel
for the petitioner and Ms. Renuka Ratnakar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.12.2025 in connection with Rajeev Nagar P.S. Case No. 829 of
2025, F.I.R. dated 23.12.2025 for the offences punishable under
Section 30(a) and 41 of the Bihar Prohibition and Excise Act and
Section 303(2) of BNS, 2023.
3. Recovery is of 122.25 liters of Indian made foreign
liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. He further submits that it appears from the FIR
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.20863 of 2026(2) dt.31-03-2026
2/3
conscious possession of the petitioner rather the recovery of
122.25 liters of Indian made foreign liquor has been made from
the vehicle in question. The petitioner has been made accused
merely on the basis of suspicion and petitioner is neither the
owner nor the driver of the vehicle in question. He further submits
that the owner of the vehicle is one Abhay Kumar Singh and
petitioner has no concern at all with the alleged recovery of the
illicit liquor or the vehicle in question. He further submits that
there is non-compliance of Section 103/105 of the BNSS, 2023.
He further submits that the police after investigation submitted a
charge sheet against the petitioner. The petitioner is in custody
since 24.12.2025.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries one criminal antecedent of
similar nature other than the present one.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession of
the petitioner, petitioner is not the owner of the vehicle in question
and there is non-compliance of Section 103/105 of the BNSS,
2023, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.20863 of 2026(2) dt.31-03-2026
3/3
Special Judge Excise-1, Patna in connection with Rajeev nagar
P.S. Case No. 829 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage 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, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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