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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

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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