Patna High Court
Kanhaiya Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Kanhaiya Kumar Sharma, applied for bail in a case involving the seizure of 244.40 litres of illicit foreign liquor from a Suzuki Fronx, alleged to be offences under Sections 30(a), 32 and 36 of the Bihar Prohibition and Excise (Amendment) Act. He contended that he was merely a driver who had joined the job on the day of his apprehension and that no liquor was found in his personal possession. The petitioner also argued that the police seizure did not comply with Section 105 of the BNSS, and he had been in judicial custody since 9 March 2026. The State opposed bail, citing a prior similar criminal antecedent. After hearing both sides, the court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite alleged involvement in the illicit liquor seizure.
- Whether non‑compliance with Section 105 of the BNSS during seizure affects the bail application.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 32, 36
- BNSS — s. 105
Subjects
- bail
- excise law
- illicit liquor
- seizure procedure
- criminal antecedent
- Section 105
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26818 of 2026
Arising Out of PS. Case No.-144 Year-2026 Thana- BAHADURGANJ District- Kishanganj
======================================================
Kanhaiya Kumar Sharma S/o Sanjay Sharma Resident of Village- Simra,
Ward No. 6, P.S.- Naugachhia, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bahadurganj P.S. Case No.144 of 2026 registered for the
offence punishable under Sections 30(a), 32 and 36 of the Bihar
Prohibition and Excise (Amendment) Act.
3. The case of the prosecution, in short, is that from a
Suzuki Fronx case altogether 244.40 liter of illicit foreign liquor
was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the petitioner is driver of the car
and that he has joined his job for the first day when he was
apprehended. It has further been submitted that nothing has been
recovered from the possession of the petitioner. Learned counsel
for the petitioner has further submitted that the witnesses of the
Patna High Court CR. MISC. No.26818 of 2026(2) dt.23-04-2026
2/2
seizure list are police personnel and police have not complied
Section 105 of the BNSS while making seizure. It has further
been submitted that petitioner is in judicial custody since
09.03.2026.
5. The application for bail is opposed by learned APP
for the State. Learned APP has submitted that the petitioner is
having criminal antecedent of one case of similar nature.
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 court of learned
Exclusive Special Judge, Excise court no.1, Kishanganj in
connection with Bahadurganj P.S. Case No.144 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
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