Patna High Court
Rajendra SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
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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