Created by Fuzzy Cloud

Patna High Court

Paritosh SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted because the petitioner had no antecedent under the Act and the nature of the allegation did not warrant denial of bail, subject to bond and surety conditions.

Summary

The petitioner, Paritosh Sharma, applied for anticipatory bail after his scooter, registered in his name, was linked to the recovery of 25 litres of country liquor in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution alleged that the liquor was found on his scooter, while the petitioner contended that no incriminating article was recovered from his possession and that he was falsely implicated. He has no prior criminal record under the Act and pledged cooperation with the investigation. The State opposed the bail, but the court considered the nature of the allegation and the petitioner’s clean antecedent. The court ordered that, if arrested or surrendered within four weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Excise Court, Katihar.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the facts of the case.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • bail bond
  • criminal procedure
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27609 of 2026
                         Arising Out of PS. Case No.-15 Year-2026 Thana- Salmari District- Katihar
                 ======================================================
                 Paritosh Sharma Son of Sudhir Sharma Resident of Village - Manjariya, P.S.-
                 Azamnagar, District - Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Md Musowir, Advocate
                 For the Opposite Party/s :         Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   29-04-2026                    1. Heard learned counsel for the parties.

                                   2. The petitioner in this application prays for bail

                   apprehending his arrest in connection with Salmari P.S. Case

                   no.15 of 2026 registered for the offence punishable under

                   section 30(a) of the Bihar Prohibition and Excise Act, 2016.

                                    3. As per the prosecution case, 25 litres of country

                   liquor was recovered from the scooty of which the petitioner is

                   the registered owner.

                                   4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the petitioner’s

                   possession nor from his scooty and he has been falsely

                   implicated in the case. He has no criminal antecedent and

                   undertakes to cooperate in the investigation/trial.

                                    5. The application for bail is opposed by learned
            Patna High Court CR. MISC. No.27609 of 2026(2) dt.29-04-2026
                                                        2/2




                      A.P.P. for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the nature of allegation against the

                      petitioner in the FIR together with the petitioner not having any

                      antecedent under the Bihar Prohibition and Excise Act, 2016, it

                      is directed that the petitioner, above named, in the event of his

                      arrest or surrender before the learned Court below within a

                      period of four weeks, be released on anticipatory bail in

                      connection with Salmari P.S. Case no.15 of 2026 on furnishing

                      bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Exclusive Special Excise Court II, District Katihar.



                                                  (Partha Sarthy, J)
Saurabh/-

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.