Patna High Court
Shubham Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner with specified bond and conditions.
Summary
Shubham Kumar Sharma was arrested for allegedly transporting 60 litres of illicit country-made liquor on his motorcycle, alleged under Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner claimed he was innocent, had no possession of the seized liquor, was a student with a clean antecedent, and had been in custody since 10 April 2026. The State opposed bail, but the court considered the charge sheet, the petitioner’s clean record, and the length of custody. The court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, one of whom must be a close relative, and subject to conditions under Section 480(3) of the BNSS. The bail order also required the petitioner’s presence at all court dates and stipulated cancellation of bail upon three consecutive absences or violation of terms.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act considering the facts.
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable to the bail.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- Bihar Prohibition & Excise Act
- illicit liquor
- Section 30(a)
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37732 of 2026
Arising Out of PS. Case No.-117 Year-2026 Thana- MAKER District- Saran
======================================================
Shubham Kumar Sharma, S/O Raj Kumar Sharma, Resident of Village-
Maker Bhatoli, P.S- Maker, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Maker P.S. Case No. 117 of 2026, registered for
the alleged offence under Section 30 (a) of the Bihar Prohibition
& Excise Act.
3. As per prosecution case, the petitioner and co-
accused were apprehended while transporting 60 liters of illicit
country made liquor on their motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
person/possession of the petitioner. The petitioner has no
concern with the seized liquor. The petitioner is a student. The
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petitioner is in custody since 10.04.2026 and is having clean
antecedent. The charge sheet has been submitted.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
submission of charge sheet and period of custody of the
petitioner along with his clean antecedent, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned court of 3rd Exclusive
Special Excise Court, Saran at Chapra/court concerned in
connection with Maker P.S. Case No. 117 of 2026, subject to the
conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
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cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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