Patna High Court
Sharvan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Sharvan Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 237.6 litres of liquor from two motorcycles. The petitioner claimed he had no possession of the liquor or the motorcycles and that no incriminating material was found on him. He had been in custody since 17 October 2025 and possessed one prior criminal antecedent, with no compliance of Section 103 of the BNSS, 2023. The State opposed his bail application. Considering the lack of direct evidence, the period of custody, and the petitioner’s claim of innocence, the Court decided to grant bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the seizure and the petitioner’s custody status.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6683 of 2026
Arising Out of PS. Case No.-238 Year-2025 Thana- BAJPATTI District- Sitamarhi
======================================================
Sharvan Kumar S/o Late Ram Kishore Singh R/o Ramnagar Magulba @
Mabulba Ward No.9, P.S.- Sitamarhi, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bajpatti PS Case No. 238 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 237.6 liters
liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that petitioner has no concern with the motorcycles in question.
Patna High Court CR. MISC. No.6683 of 2026(2) dt.02-02-2026
2/2
The petitioner is in custody since 17.10.2025 and has got one
criminal antecedent/s. There is no compliance of Section 103 of
the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bajpatti PS Case
No. 238 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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