Patna High Court
Dilip SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dilip Sharma, sought regular bail in a case registered under sections 30(a), 38 and 41(1) of the Bihar Prohibition and Excise Act after 3010 litres of country‑made liquor were seized from a tube‑well. The prosecution alleged that the liquor was recovered in connection with the petitioner, while the petitioner claimed he had no possession of the liquor and was falsely implicated based on a statement by a co‑accused named Avinash. He also contended that the police seizure list was prepared without complying with Section 105 of the BNSS, and he had been in judicial custody since 28‑02‑2026. The State opposed the bail. After hearing both sides, the court found merit in the petitioner's arguments and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge (Excise) II, Kaimur.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants bail.
- Whether the evidence on record justifies continued judicial custody of the petitioner.
Subjects
- bail
- prohibition law
- excise
- procedural lapse
- seizure
- judicial custody
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21061 of 2026
Arising Out of PS. Case No.-396 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua)
======================================================
Dilip Sharma Son of Badhu Sharma Resident of Village - Masarhi, Post -
Deohalia, Thana - Ramgarh, District - Kaimur (Bhabua), Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ambrish Kumar, Advocate
Mr. Sudhir Kr. Singh, Advocate
Mr. Saharsh Kumar, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30(a), 38
and 41(1) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a tube-well,
altogether 3010 liters of country made liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. He has been
falsely implicated in this case. He is not in any way concerned
with the alleged tube-well from where, the recovery has been
Patna High Court CR. MISC. No.21061 of 2026(2) dt.02-04-2026
2/2
made. One Avinash was apprehended on spot and on his
statement, the name of this petitioner has surfaced. The
witnesses of the seizure list are police personnel and police has
not complied Section 105 of BNSS while preparing seizure list.
Moreover, the petitioner is languishing in judicial custody since
28.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Ramgarh P.S. Case No. 396 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Court of Exclusive Special
Judge (Excise) II, Kaimur at Bhabua.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…