Patna High Court
Rahul Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court held that bail should be granted to the petitioner, subject to conditions, as ownership alone does not establish guilt and he has a clean antecedent.
Summary
The petitioner, Rahul Kumar Sharma, was implicated in a case where 64.50 litres of illicit liquor were seized from an auto rickshaw bearing registration No. BR11PC5940, which he owned. The prosecution alleged an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, based on a police raid that also recovered liquor from another vehicle. The petitioner contended that he was not present at the scene, that the vehicle was operated by a driver under a hire‑purchase arrangement, and that he has a clean criminal record. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the facts, noted the petitioner’s lack of direct involvement, his clean antecedent, and the fact that ownership alone does not prove culpability, and therefore ordered bail on a bond of Rs.10,000 with two sureties, subject to verification of antecedents under Section 482(2) of the B.N.S.S. The order also stipulated that bail could be cancelled if the petitioner concealed any criminal history.
Issues considered
- Whether the owner of a vehicle from which illicit liquor is seized can be granted bail when he was not present at the scene.
- Whether the clean antecedent of the petitioner warrants bail despite the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- illicit liquor
- vehicle ownership
- Section 30(a)
- Section 482(2)
- clean antecedent
- excise law
- prohibition law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34128 of 2026
Arising Out of PS. Case No.-175 Year-2026 Thana- BAHADURGANJ District- Kishanganj
======================================================
Rahul Kumar Sharma S/O Manikchand Sharma R/O Village- Uda Chirah,
Ward No. 05, P.S.- Mahalgaon, Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar, Advocate
For the Opposite Party/s : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 18-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Bahadurganj P.S. Case No. 175 of 2026, for
allegedly having committed offence under Section 30(a) of
Bihar Prohibition and Excise Amendment Act 2022.
3. As per the prosecution story, which has been
lodged on the basis of written report submitted by the informant
to the effect that on 18.03.2026 at about 22:40 hours, he got a
secret information that two auto loaded with illicit liquor are
coming from Silliguri and going towards Araria via, NH 327.
After giving information to the higher official, the informant
proceeded towards Rajdhani Dhaba along with the patrolling
party. Intense checking drive was launched and during course of
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checking at about 4:30 AM, two green colour CNG auto were
seeing coming at a high speed. Upon seeing the police party, the
auto drivers did not stop, despite the signal given by the police
personnel. The police vehicle chased both the autos, however
the drivers of both the autos fled away, after leaving their auto
on the main road. In presence of the Police Force, search was
made by the informant. Total 180.20 litres of whiskey was
recovered from both the autos. From one auto bearing
Registration No. BR11PC5940, 64.50 liter of liquor was
recovered and from another auto bearing Registration no.
BR11BC9734, 115.77 liter of liquor was recovered.
4. The learned counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. The petitioner has been implicated in the present case,
since he happens to be the owner of the auto bearing
Registration no. BR11PC5940, from which 64.50 liter of illicit
liquor was recovered. Apart from the fact that he is the owner,
nothing has been mentioned against the petitioner. The
petitioner is running transport business and he is owner of
several autos, which he gives to the concerned driver, for
running and takes daily amount from the drivers. It is the
responsibility of the drivers to take care of the vehicle in
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question. He further submits that the petitioner has got a clean
antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the rival submissions and after going
through the record, it appears that 64.50 liter of liquor was
recovered from the auto belonging to the petitioner and from
another auto 115.77 liter of liquor was recovered. The petitioner
was not present at the place of occurrence, rather his name has
transpired in the present case, since he is the owner of the auto
bearing Registration no. BR11PC5940, from which 64.50 liter
of liquor was recovered. The petitioner has got a clean
antecedent. Considering the facts and circumstances of the case,
let the petitioner, above named, in the event of arrest or
surrender within a period of six weeks, 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
Court of Exclusive Special Judge Excise- I, Kishanganj in
connection with Bahadurganj P.S Case No. 175/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
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criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
Ajay/Kunal-
U T
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