Created by Fuzzy Cloud

Patna High Court

Jay Chandra Sharma @ Jaychand Sharma @ Jaichand SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                 ======================================================
                 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
                                                         2/2




                       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


Continue reading with your account

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

Sign in to read

Checking your session…

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