Patna High Court
Rakesh SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the seizure of illicit liquor did not prima facie establish the petitioner's possession or involvement, warranting the grant of anticipatory bail.
Summary
The petitioner, Rakesh Sharma, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 396 litres seized from three motorcycles, one of which he owned. He contended that ownership of the vehicle did not prove his conscious possession or participation in the offence and highlighted his clean antecedent. The Additional Public Prosecutor opposed his application for anticipatory bail. The court examined the factual submissions and noted that the recovery of liquor was not prima facie linked to the petitioner's possession, and there was no material showing his involvement. Considering these factors, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond with sureties, subject to conditions under the CrPC and the Bharatiya Nyaya Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the seizure of illicit liquor from a vehicle he owned.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- excise offence
- possession
- clean antecedent
- bail bond
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43483 of 2026
Arising Out of PS. Case No.-53 Year-2025 Thana- DEODHA District- Madhubani
======================================================
Rakesh Sharma, S/o Ram Deo Thakur @ Ramdev Thakur, Resident of
Village- Narkatiya Chowk Rajnagar, P.S.- Raj Nagar, District- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with
Deodha P.S. Case No.53 of 2025 registered under Sections
274, 275 read with 3(5) of the Bharatiya Nyaya Sanhita (in
short ‘BNS’,2023) and Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 396 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.43483 of 2026(2) dt.03-07-2026
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the petitioner that the seized illicit liquor was recovered from
three Bikes bearing Registration No. BR-2W-1201,
Registration No. BR06AX-4813 and Registration No. BR32A-
3250. It is further submitted that the petitioner’s name has
been surfaced in the present case solely on the ground that
he is the registered owner of the seized vehicle bearing
Registration No. BR06AX-4813 from which 180 litres of illicit
liquor were recovered, and not on the basis of any material
demonstrating his conscious possession, involvement or
complicity in the alleged offence. It is also pointed out that
seizure list appears doubtful being not supported by
independent witnesses rather than by police personnel. The
petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, in the event of his arrest or
Patna High Court CR. MISC. No.43483 of 2026(2) dt.03-07-2026
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surrender in the court below within a period of four weeks
from today, is directed to 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 Act, Madhubani in
connection with Deodha P.S. Case No.53 of 2025, subject to
the conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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