Patna High Court
Upendra Sharma @ Kundan SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Upendra Sharma, sought bail in an excise case (PS No. 376 of 2025) alleging offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, where 35 litres of liquor were recovered from his joint family house. The prosecution argued that the liquor was found at his residence, while the petitioner claimed innocence, stating no liquor was in his conscious possession and that other family members also lived there. The petitioner had been in custody since 22 September 2025 and possessed three prior criminal antecedents, and the State highlighted non‑compliance with Section 103 of the BNSS, 2023. After hearing both sides, the Court considered the length of custody, the lack of direct incriminating material, and the petitioner’s claim of false implication. The Court granted bail, imposing a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and conditioned the bail on regular appearance in court.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act considering the facts of recovery, custody period, prior antecedents, and non‑compliance with Section 103 of the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- Bihar Prohibition and Excise Act
- Section 30
- Section 103 BNSS
- criminal antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3441 of 2026
Arising Out of PS. Case No.-376 Year-2025 Thana- Excise P.S. District- Saharsa
======================================================
Upendra Sharma @ Kundan Sharma Son of Rampravesh Sharma R/o
Sitanabad, Ward no 09, P.S. - Simri Bakhtiyarpur, District - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Excise
PS Case No. 376 of 2025 instituted for the offences under
Section/s 30(a) & 30(c) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 35 liters
liquor was recovered from the petitioner’s house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that recovery is made from the joint house of the petitioner,
where other family members also reside. The petitioner is in
Patna High Court CR. MISC. No.3441 of 2026(2) dt.19-01-2026
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custody since 22.09.2025 and has got three criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise PS Case No.
376 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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