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Patna High Court

Rohit Sharma @ RajaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Rohit Sharma, applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged possession of 11.250 litres of illicit liquor. He had been in custody since 10 April 2026 and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to comply with conditions under Section 482(2) of the B.N.S.S., including the donation and monthly police station attendance. The order emphasized that the observations were prima facie and not a determination on the merits of the case.

Issues considered

  • Whether regular bail can be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for granting bail.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 30(a)
  • Section 482(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40543 of 2026
                           Arising Out of PS. Case No.-89 Year-2025 Thana- ATRI District- Gaya
                 ======================================================
                 Rohit Sharma @ Raja S/o Ram Vijay Sharma @ Vinay Sharma R/o seedh,
                 P.S- Atri, Dist- Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shivendra Prasad, Adv.
                 For the Opposite Party/s :        Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   23-06-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   Atri P.S. Case No. 89 of 2025, registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act, 2022.

                                3. As per the prosecution case, there is recovery of

                   11.250 litres of illicit liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is quite innocent and has committed no offence. The

                   petitioner is in custody since 10.04.2026. The petitioner

                   undertakes to donate a sum of Rs. 25,000/- (Rupees Twenty-

                   Five Thousand Only) to a charitable organization, without

                   prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.40543 of 2026(2) dt.23-06-2026
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                       5. Learned A.P.P. for the State opposed the prayer for

          bail.

                       6. Considering the aforesaid facts and circumstances,

          this application for regular bail is allowed.

                       7. Accordingly, the petitioner is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor court in connection with Atri P.S. Case No.

          89 of 2025, subject to the conditions as laid down under Section

          482(2) of the B.N.S.S. with further conditions that:-

                                                  (i) The petitioner shall
                                       deposit a sum of Rs. 25,000/- (Rupees
                                       Twenty-Five Thousand Only) with
                                       Ramakrishna Math, Village Jharha
                                       (near Matua Pahar), Halka Chilore,
                                       P.O. Gurua, Dist. Gayaji, Bihar
                                       824205 and shall produce a valid
                                       receipt thereof before the court below.
                                       The bail bonds shall be accepted only
                                       after verification of the genuineness of
                                       the said receipt.
                                                  (ii) The petitioner shall
                                       mark his attendance at Atri Police
                                       Station on every Sunday of each
                                       month. In the event of default, the bail
                                       bonds shall be liable to be cancelled.
                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of
            Patna High Court CR. MISC. No.40543 of 2026(2) dt.23-06-2026
                                                        3/3




                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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