Patna High Court
Abhishek Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail is warranted and granted to the petitioner.
Summary
The petitioner, Abhishek Kumar Sharma, sought anticipatory bail in a case where 153 litres of illicit country-made liquor were recovered from a vehicle he had sold to Rakesh Kumar on 28 September 2025. The offence alleged is under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. Sharma contended that he was no longer the owner of the vehicle at the time of seizure, that the sale deed transferred all liability to the purchaser, and that the procedural requirements of Section 105 of the Bihar Negotiable Sale (B.N.S.S.) were not complied with. The State opposed the bail, arguing Sharma could be implicated in the offence. The court examined the facts, the sale agreement, and the lack of criminal antecedent, and, applying Section 482(2) of the B.N.S.S., granted anticipatory bail subject to a bail bond and sureties.
Issues considered
- Whether the petitioner can be held liable for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 despite having sold the vehicle prior to the seizure.
- Whether the procedural requirements of Section 105 of the Bihar Negotiable Sale (B.N.S.S.) were complied with in the seizure of the vehicle.
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S.
Legislation cited
- Bihar Negotiable Sale (B.N.S.S.) — s. 105, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise
- vehicle seizure
- sale deed
- procedural lapse
- Section 105
- Section 482(2)
- criminal liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35167 of 2026
Arising Out of PS. Case No.-325 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Abhishek Kumar Sharma S/o Ashok Kumar Sharma R/o Village - Indaur, P.S
- Dinara, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmeshwar Vishwakarma, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State through virtual mode.
2. The petitioner is apprehending his arrest in a case
in connection with Durgawati P.S. Case No. 325 of 2025 dated
06.10.2025 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. As per the allegation, total 153 litres of country
made liquor was recovered from a car, co-accused Rakesh
Kumar was arrested from the said vehicle, while it was stated by
Rakesh Kumar that the driver of the vehicle namely Murari fled
away.
4. Learned counsel for the petitioner has submitted
that the petitioner happens to be owner of the vehicle in
Patna High Court CR. MISC. No.35167 of 2026(2) dt.21-05-2026
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question, from which alleged recovery has been made and he
had sold the alleged vehicle to Rakesh Kumar, S/o Kameshwar
Chaudhary, resident of Village- Pandauri, P.S.- Nairiganj,
District- Rohtas through a sale deed dated 28.09.2025, upon
receipt of consideration amounting to Rs.2,00,000/- (Rupees
Two Lakhs). It was expressly agreed between the parties that the
purchaser, namely Rakesh Kumar, shall be solely and fully
responsible for any criminal or legal liability arising in
connection with the said vehicle from 28.09.2025 onwards, and
the petitioner shall no longer be deemed to be the owner of the
vehicle from the said date and furthermore, it was the
purchaser’s duty and obligation to effect the change of
ownership in official records from the name of Abhishek Kumar
Sharma to Rakesh Kumar. It has been further submitted that at
the time of seizure of the vehicle in question, the same was not
under the control of the petitioner and the procedure prescribed
under Section 105 of the B.N.S.S. has not been followed. It has
lastly been submitted that the petitioner has got no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
Patna High Court CR. MISC. No.35167 of 2026(2) dt.21-05-2026
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7. Considering the facts and circumstances of the
case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Special Judge
Excise-II, Kaimur at Bhabua, in connection with Durgawati P.S.
Case No. 325 of 2025, subject to conditions as laid down under
section 482(2) of the B.N.S.S.
8. Accordingly, the present anticipatory bail
application stands allowed.
(Praveen Kumar, J)
Divyansh/-
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