Patna High Court
Lalit SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners subject to strict conditions.
Summary
Four petitioners were arrested on 27 February 2026 in connection with a case involving the alleged possession of 252 litres of Nepali Dilwale Sofi and two mobile phones, alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioners claimed they had clean antecedents and were implicated merely because they were present at the place of occurrence, asserting that the seizure list witnesses were police personnel and that Sections 103 and 105 of the Bihar Narcotic Substances Act were not complied with. The State opposed bail. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, appearance in court, non‑tampering with evidence or witnesses, and verification of criminal antecedent. The order also provided for cancellation of bail upon breach of these conditions. The bail was thus granted subject to the stipulated terms.
Issues considered
- Whether bail should be granted to accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether non‑compliance of Sections 103 and 105 of the Bihar Narcotic Substances Act warrants bail.
- Whether mere presence at the place of occurrence justifies accusation and denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- procedural compliance
- criminal antecedent
- presence at scene
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28719 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- RATANPUR District- Supaul
======================================================
1. Lalit Sharma S/o- Sitaram Sharma R/v- Rupauli Punarvas Ward no- 19 Ps-
Kunauli District- Supaul
2. Ganga Kumar Sharma @ Ganga Kumar S/o- Mangen Sharma R/v- Rupauli
Punarvas Ward no- 19 Ps- Kunauli District- Supaul
3. Stya Narayan @ Satya Nr Sharma @ SAtyanarayan Sharma S/o- Dukhi
Sharma R/v- Rupauli Punarvas Ward no- 19 Ps- Kunauli District- Supaul
4. Shravan Kumar @ Sharban Kumar S/o- Mahendra Ram @ Mahindra Ram
R/v- Rupauli Punarvas Ward no- 19 Ps- Kunauli District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr. Prasoon Kumar, learned counsel for the
petitioners and Ms. Sucheta Yadav, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
27.02.2026 in connection with Ratanpur P.S. Case No. 22 of
2026, F.I.R. dated 27.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 252 liters of Nepali Dilwale Sofi and
two mobile phones
4. Learned counsel for the petitioners submits that
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petitioners have clean antecedent and they have falsely been
implicated in the present case merely on the basis of suspicion.
He next submits that petitioners have no concern at all with the
alleged recovery and they have been made accused merely on
the basis that they were present at the place of occurrence. He
further submits that seizure list witnesses are police personnel
and there is non-compliance of Section 103 and 105 of BNSS
and the petitioners are in custody since 27.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court-II, Supaul in connection with
Ratanpur P.S. Case No. 22 of 2026, subject to the following
conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
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ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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