Created by Fuzzy Cloud

Patna High Court

Rajeev Kumar Sharma @ BabluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.