Patna High Court
Jay Chandra Sharma @ Jaychand Sharma @ Jaichand SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Jay Chandra Sharma, was arrested on 28 February 2026 in connection with the recovery of 200 litres of country-made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution contended that the liquor was seized from the scene of the occurrence, leading to the petitioner's arrest. The petitioner argued that he had no involvement, asserting that the seizure was made from the house of co‑accused Saroj Devi and that nothing was recovered from his possession; he also highlighted his clean record and continued judicial custody. The State opposed the bail application, emphasizing the seriousness of the offence. After hearing both sides, the Court considered the lack of direct evidence against the petitioner and his personal circumstances. Consequently, the Court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the petitioner in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner is likely to flee, tamper with evidence, or commit further offences if released on bail
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- regular bail
- criminal procedure
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26798 of 2026
Arising Out of PS. Case No.-120 Year-2026 Thana- KHUSRUPUR District- Patna
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Jay Chandra Sharma @ Jaychand Sharma @ Jaichand Sharma S/o- Late
Shivji Sharma @ Shivu Sharma @ Shiva Sharma Village- Chakchanda, Ward
no. 3, PS-Khushrupur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Vandna Rani, Advocate
Mr. Brajesh Sahay, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-04-2026 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) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that
altogether 200 liters of country made liquor was recovered from
the place of occurrence and this petitioner was arrested on spot.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession rather the
recovery has been made from the house of the co-accused Saroj
Patna High Court CR. MISC. No.26798 of 2026(2) dt.22-04-2026
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Devi. He has no concern with the alleged recovery. He is having
no criminal antecedent and he is languishing in judicial custody
since 28.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge-Excise, Patna City in connection with Khushrupur P.S.
Case No. 120 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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