Patna High Court
Krishna SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with sureties.
Summary
The petitioner, Krishna Sharma, applied for regular bail in a criminal miscellaneous case concerning the alleged possession of 236.73 litres of illicit foreign liquor, alleged under section 30(a) of the Excise Act. The prosecution argued that the liquor was recovered from an open place near the petitioner’s house, implying his involvement. The petitioner contended that he had no conscious possession of the liquor, that the seizure was conducted by police who failed to comply with the mandatory provisions of Section 105 of the Bihar Narcotic Substances Act, and that he was falsely implicated. The State opposed the bail, citing the seriousness of the offence and the petitioner’s three prior criminal antecedents. After considering the facts, the court found merit in the petitioner’s arguments and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under section 30(a) of the Excise Act.
- Whether the seizure of the liquor complied with the mandatory provisions of Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- illegal liquor
- seizure procedure
- Section 105 compliance
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23502 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- SITAMARHI District- Sitamarhi
======================================================
Krishna Sharma Son of Pawan Kumar Sharma Resident of Village-
Leharipatti, Old Exchange Road, P.S.- Sitamarhi, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Virendra Kumar, Advocate
For the Opposite Party/s : Mr.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-04-2026 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 section 30 (a) of the
Excise Act.
3. The case of the prosecution is that altogether
236.73 liters of illicit foreign liquor was recovered from an open
place near the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
this petitioner rather the same has been recovered from an open
place. It is further submitted that all the witnesses to the seizure
Patna High Court CR. MISC. No.23502 of 2026(2) dt.16-04-2026
2/2
list are police personnel and the police have not complied the
mandatory provision of Section 105 of the BNS at the time of
seizure. Moreover, the petitioner is languishing in judicial
custody since 14.02.2026 having three criminal antecedents.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid 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 Sitamarhi P.S. Case No. 98 of 2026 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court No. 2, Sitamarhi/concerned
Court.
(Ashok Kumar Pandey, J)
Jagdish/-
U
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