Patna High Court
Rohit Sharma @ RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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/-
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