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Patna High Court

Shubham Kumar SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.37732 of 2026(2) dt.17-06-2026
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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
           Patna High Court CR. MISC. No.37732 of 2026(2) dt.17-06-2026
                                                       3/3




                                  cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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