Patna High Court
Raja SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Petitioner Raja Sharma applied for anticipatory bail fearing arrest in a case (Benipatti P.S. Case No. 270 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 90 litres of Nepali liquor were recovered. The prosecution alleged his involvement, while the petitioner claimed innocence, stating his name appeared only in a co-accused's confessional statement and that he has no prior case under the Act. The learned APP opposed the bail. The High Court, applying Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to deposit of Rs.25,000 to a charitable institution, verification of no prior case, and monthly police station attendance. The order also stipulated cancellation of bail upon default. The bail was granted conditionally, ensuring the petitioner’s compliance with the stipulated terms.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC and Section 482 BNSS in the pending excise case.
- Whether the petitioner’s claim of no prior case under the Bihar Prohibition and Excise Act affects the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 438
- Section 482
- excise offence
- confessional statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30038 of 2026
Arising Out of PS. Case No.-270 Year-2025 Thana- BENIPATTI District- Madhubani
======================================================
Raja Sharma S/O Jagdish Sharma @ Jagdish Thakur R/o village - Balia
,Baliya , p.s- Benipatti , District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Advocate
For the Opposite Party/s : Mr.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Benipatti P.S. Case No. 270 of 2025 registered
for the offence under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, the recovery is of
total 90 litre of Nepali Saufi liquor from a motorcycle.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that the name
of the petitioner has come in the confessional statement of the
co-accused. Petitioner claims that he is not accused in any case
under the Excise Act.
Patna High Court CR. MISC. No.30038 of 2026(2) dt.07-05-2026
2/3
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 concerned
Court below in connection with Benipatti P.S. Case No. 270 of
2025, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramkrishna Mission Ashrama, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he does not have any case registered against him
Patna High Court CR. MISC. No.30038 of 2026(2) dt.07-05-2026
3/3
under the Bihar Prohibition and Excise Act. The bail bonds of
the petitioner shall only be accepted if it is found that he does
not have any case registered against him under the Bihar
Prohibition and Excise Act
10. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Benipatti Police Station, District- Madhubani on each Sunday of
every month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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