Patna High Court
Paritosh SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
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