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Patna High Court

Prem Raj SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Prem Raj Sharma, was arrested as the driver of a Swift Dezire car from which 114 litres of beer were seized. He was charged under Sections 30(a), 32(1)(3) and 41(1)(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that he had no knowledge of the liquor, that the seizure violated mandatory search‑seizure provisions, and that he had no personal possession of the contraband, also highlighting his clean antecedents and custody since 25‑04‑2026. The State opposed bail, relying on the FIR allegations. The Court, after noting the alleged procedural lapses in the seizure and the petitioner’s clean record, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge, Excise‑II, Kaimur.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged violation of mandatory search and seizure provisions under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s lack of knowledge and personal possession of the seized liquor negates the charge and justifies bail.

Legislation cited

Subjects

  • bail
  • search and seizure
  • excise law
  • driver liability
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36371 of 2026
                  Arising Out of PS. Case No.-197 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Prem Raj Sharma S/o Surendra Sharma Resident of Village - Azad Nagar,
                 Ward No. 2, Bhabhua, P.S - Bhabhua, District - Kaimur Bhabhua, Bihar

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Aquaib Khan
                 For the Opposite Party/s :         Ms. Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   10-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 30(a), 32(1)(3) and 41(1)

                   (2) of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                   3. As per the prosecution case, 114 litres of beer

                   has been recovered from dicky of Swift Dezire Car.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner was merely driver of the said car, he has no

                   knowledge about the presence of liquor in the vehicle. There is

                   no independent witness to the search and seizure, as such,

                   mandatory provisions have been violated. There is no recovery

                   from personal or conscious possession of the petitioner. The
            Patna High Court CR. MISC. No.36371 of 2026(2) dt.10-06-2026
                                                        2/2




                      petitioner has clean antecedent and is in custody since

                      25.04.2026.

                                      5. Learned APP for the State opposed the grant of

                      bail on the basis of allegations made in the First Information

                      Report.

                                     6. Taking into consideration the facts and

                      circumstances and considering the fact that the mandatory

                      provisions of search and seizure has been violated and the

                      petitioner has clean antecedent, let the above named petitioner,

                      be released on 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 Exclusive Special Judge

                      (Excise-II), Kaimur at Bhabhua/concerned Court below in

                      connection with Bhabhua P.S. Case No. 197 of 2026.



                                                (Soni Shrivastava, J)
anand/-
U       T


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