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Patna High Court

Raja SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                           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
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                        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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