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Patna High Court

Rajendra SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Rajendra Sharma, was arrested in connection with the alleged seizure of 252 litres of Nepali liquor from four sacks, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that the liquor was not recovered from his possession, and that the police failed to comply with Section 105 of the BNSS while making the seizure. The petitioner also highlighted his clean criminal record and that he had been in judicial custody since 27‑02‑2026. The State opposed the bail application, arguing the seriousness of the offence. After hearing both sides, the Court found no compelling reason to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Excise authorities.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the alleged non‑compliance with Section 105 of the BNSS renders the seizure illegal and affects bail eligibility.
  • Whether the petitioner poses a flight risk or risk of tampering with evidence.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • seizure procedure
  • Section 105
  • excise law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29236 of 2026
                      Arising Out of PS. Case No.-22 Year-2026 Thana- RATANPUR District- Supaul
                 ======================================================
                 Rajendra Sharma S/o- Chhotkain Sharma Vill- Rupauli Punarwas, Ward
                 no.19, P.S- Kunauli, Dist- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bhuweneswar Sahu, Advocate.
                 For the Opposite Party/s :      Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   22-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The case of the prosecution, in short, is that five

                   persons were standing having something in sacks and as they

                   saw the police, they started fleeing, and the petitioner was one

                   amongst them. It is alleged that from four sacks, altogether 252

                   liters of Nepali country-made liquor were recovered.

                                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 the possession of the
           Patna High Court CR. MISC. No.29236 of 2026(3) dt.22-06-2026
                                                       2/2




                     petitioner. The witnesses of the seizure list are police personnel

                     and the police has not complied with Section 105 of the BNSS

                     while making the seizure. He further submits that from perusal

                     of the seizure list, it will transpire that the seizure has been

                     made from Narpatpatti, Ward Number 8 near Spur Number

                     18.27 km. Moreover, a statement has been made in para 3 of the

                     petition that petitioner has no criminal antecedent and he is

                     languishing in judicial custody since 27.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  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

                     Exclusive Special Excise-II, Supaul in connection with

                     Ratanpura P.S. Case No. 22 of 2026, S.T. Excise Case No. 1607

                     of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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