Patna High Court

Sharfe Alam @ Md. Sharif AlamversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

Anticipatory bail was granted to the petitioner subject to a Rs.30,000 bail bond and compliance with Section 482(2) of the Bhartiya Nyaya Sanhita, 2023.

Summary

The petitioner, Sharfe Alam, was implicated in a case involving the seizure of 270 litres of illicit liquor under Sections 274 and 275 of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. He claimed innocence, asserting that no liquor was recovered from his possession and that he had a clean criminal record. The State opposed his request for anticipatory bail. The High Court, after hearing both sides, granted anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.30,000 and comply with the conditions of Section 482(2) of the BNS, 2023. The Court also directed the trial court to verify the petitioner’s criminal antecedent and cancel the bail if any concealment is discovered.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the Bhartiya Nyaya Sanhita, 2023 in a case of alleged illicit liquor possession
Whether the conditions imposed under Section 482(2) of the BNS, 2023 are appropriate

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 2(1)(d), 274, 275, 482(2)

Subjects

anticipatory bail
illicit liquor
excise law
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21894 of 2026
                      Arising Out of PS. Case No.-68 Year-2025 Thana- Lalamnia District- Madhubani
                 ======================================================
                 Sharfe Alam @ Md. Sharif Alam Son of Md. Tahir Hussain R/O- Tulapatganj,
                 Ward No.- 05, Sangram, P.S.- Arariya Sangram, District - Madhubani, Bihar -
                 847109.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajkumar Rajesh, Advocate
                 For the Opposite Party/s :       Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Lalamnia P.S. Case No. 68 of 2025, dated 03.11.2025,

                   lodged under Sections 274 & 275 of the Bhartiya Nyaya

                   Sanhita, 2023 (hereinafter referred to as “BNS, 2023”) and

                   under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act.

                                3. As per the prosecution, total recovery of 270 litres

                   of illicit liquor has been made, which is the subject matter of the

                   present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.21894 of 2026(2) dt.08-04-2026
                                            2/3




          further submits that the petitioner has no concern with the

          alleged recovery. Counsel further submits that the petitioner has

          not been apprehended from the spot and nothing has been

          recovered from the conscious possession of the petitioner. It is

          further submitted that the criminal antecedent of the petitioner is

          clean.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. In the present facts and circumstances of this case,

          let the above named petitioner be released on anticipatory bail,

          in the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

          2(1)(d) of the BNSS, 2023 to the satisfaction of Special Judge

          Excise, Jhanjharpur, District-Madhubani, in connection with

          Lalamnia P.S. Case No. 68 of 2025, subject to the conditions as

          laid down U/s 482(2) of the BNSS, 2023.

                       7. It is further directed that the Trial Court shall verify

          the criminal antecedent of the petitioner, and in case it is found

          at any stage that the petitioner has concealed his criminal

          antecedent, the Trial Court shall take steps for cancellation of

          the petitioner’s bail bond. However, the acceptance of the bail
          Patna High Court CR. MISC. No.21894 of 2026(2) dt.08-04-2026
                                                      3/3




                    bond in terms of the above-mentioned order shall not be delayed

                    for the purpose of or in the name of verification.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T

Continue reading with your account

Checking your session…