Patna High Court

Shushant Sharma @ Rabsan SharmaversusThe State of Bihar

Decided: 15 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Shushant Sharma, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 36 litres of liquor were allegedly recovered from a motorcycle not owned by him. He argued that the only evidence against him was a confessional statement made by another accused, Ganesh, while in police custody, which he claimed lacked evidentiary value, and that he had no possession of the liquor. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two sureties and that the trial court verify his criminal antecedents. If the verification shows more than two prior cases, the bail will not be confirmed; if only two cases are found, the bail will be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether a confessional statement of a co‑accused made in police custody is sufficient to deny anticipatory bail.
Whether the petitioner’s antecedent of two prior cases affects the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30(a)
liquor seizure
confessional statement
criminal antecedent
bail bond
surety
Bihar Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.725 of 2026
                    Arising Out of PS. Case No.-440 Year-2025 Thana- AAJAM NAGAR District- Katihar
                 ======================================================
                 Shushant Sharma @ Rabsan Sharma S/o Late Hemant Sharma R/o Porla, PS-
                 Azamnagar, Distt- Katihar
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar Singh
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 36 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and is not

                   the owner of the seized vehicle and he came to be implicated

                   based on confessional statement of Ganesh in police custody

                   which does not have any evidentiary value.

                                4. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.

                                5. Considering the submissions made by the learned
             Patna High Court CR. MISC. No.725 of 2026(2) dt.15-01-2026
                                                         2/2




                       counsel for the petitioner, the petitioner above-named, in the

                       event of his arrest or surrender before the learned Court below

                       within a period of six weeks from today, be released on

                       provisional anticipatory bail on furnishing bail bonds of

                       Rs.10,000/- (Rupees ten thousand) with two sureties of the like

                       amount each to the satisfaction of the learned trial court where

                       the case is pending/successor court in connection with

                       Azamnagar P.S. Case No.440/2025, subject to the conditions as

                       laid down under Section 482(2) of the B.N.S.S.

                                    6. It is made clear that the learned trial court thereafter

                       shall verify the criminal antecedents of the petitioner and in the

                       event if it is found that petitioner has antecedent of more than

                       two cases, in that event, it would be presumed that petitioner

                       had concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                               (Satyavrat Verma, J)
amit/-

U        T

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