Patna High Court
Sharwan Kumar@Sharwan Kumar Deo @ Sharvan Kumar DeoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Sharwan Kumar, sought bail in a case (Ali Nagar PS Case No. 33 of 2026) filed under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 25,200 litres of illicit Nepali liquor from a pond beside his house. He contended that the liquor was seized from a public open area, he had no possession or control over it, and that he was falsely implicated. He also mentioned a separate criminal case that had been disposed of by a Lok Adalat in September 2025. The Additional Public Prosecutor opposed bail. The Court, after considering the facts, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail application was allowed.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 in view of the alleged seizure of illicit liquor from a public pond.
- Whether the prior criminal case disposed by Lok Adalat impacts the grant of bail.
- Whether the conditions prescribed in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- prohibition act
- illicit liquor
- excise
- Lok Adalat
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32533 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- ALINAGAR District- Darbhanga
======================================================
Sharwan Kumar@Sharwan Kumar Deo @ Sharvan Kumar Deo S/o
Chandrakant Lal Dev @ Luchailal Dev @ Chandrakant Prasad Dev R/o
Village - Tikapatti, P.S - Ali Nagar, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kaushal Kumar, Advocate
For the Opposite Party/s : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with
Ali Nagar PS. Case No. 33 of 2026 dated 15-03-2026 instituted
under Section 30(a) of the Bihar Prohibition and Excise Act,
2016.
3. The allegation is of recovery of 25.200 litres of
illicit Nepali liquor from a pond situated beside the house of
the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that no incriminating article
has been recovered either from the conscious possession of the
petitioner or from his house; rather, the alleged illicit Nepali
Patna High Court CR. MISC. No.32533 of 2026(2) dt.13-05-2026
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liquor was recovered from a pond situated beside the house of
the petitioner, which is an open place accessible to one and all.
The petitioner has no concern whatsoever with the seized illicit
Nepali liquor. Lastly, it is submitted that the petitioner has one
criminal case pending against him, which is stated to have been
disposed of by the Lok Adalat on 13.09.2025.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge II (Excise Act), Darbhanga, in Ali
Nagar PS. Case No. 33 of 2026, subject to the conditions laid
down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita 2023.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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