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Patna High Court

Sharvan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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