Patna High Court
Sharvan Kumar @ Sharvan Kumar MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail is granted to the petitioners.
Summary
Sharvan Kumar and Raju Kumar, owners of two motorcycles, were arrested after 171 litres of Nepali liquor was recovered from the vehicles in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioners applied for bail, contending that the liquor was not found in their conscious possession and that they have no prior criminal record. The State opposed the bail application. The court noted the absence of conscious possession, the petitioners' clean antecedents, and the fact that they had been in custody since 31 January 2026. Considering these factors, the court decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties, subject to the Special Exclusive Court No. II, Supaul.
Issues considered
- Whether the absence of conscious possession of the alleged contraband justifies granting bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the petitioners' clean criminal record and prolonged pre‑trial detention warrant bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- conscious possession
- criminal antecedents
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34856 of 2026
Arising out of PS. Case No.-49 Year-2026 Thana- BIRPUR District- Supaul
======================================================
1. Sharvan Kumar @ Sharvan Kumar Mehta S/O Lakhan Mehta R/O Vill.-
Bauraha, P.S.- Birpur, Dist.- Supaul
2. Raju Kumar S/O Chandan Mehta R/O Vill.- Bauraha, P.S.- Birpur, Dist.-
Supaul
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhumala Kumari, Adv.
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in Birpur P.S. Case No. 49
of 2026 registered for an alleged offence under Section 30(a) of
the Bihar Prohibition and Excise Act, 2018.
3. The allegation is that 171 litres of Nepali liquor
was recovered from two Motorcycles and the petitioners are the
owners of the said vehicles.
4. Learned counsel for the petitioners submits that
nothing incriminating article was recovered from the conscious
possession of the petitioners. He further submits that the
petitioners have no criminal antecedents and are in custody
since 31.01.2026.
5. Learned Additional Public Prosecutor for the State
Patna High Court CR. MISC. No.34856 of 2026(2) dt.20-05-2026
2/2
has vehemently opposed the prayer for bail of the petitioners.
6. Considering that the alleged recovery was not
recovered from the conscious possession of the petitioners and
the petitioners are in custody since 31.01.2026 having no
criminal antecedents, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioners, above named, be
released on bail on furnishing bail bonds of Rs.
10,000/- (Ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned
court of Special Exclusive Court No. II, Supaul in
connection with Birpur P.S. Case No. 49 of 2026 .
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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