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Patna High Court

Abhishek Kumar SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                                    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/-

U      T


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