Patna High Court

Sanjay SharmaversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that anticipatory bail should be granted as the prosecution failed to make a prima facie case and the investigation did not comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita.

Summary

The petitioner, Sanjay Sharma, sought anticipatory bail fearing arrest in a case (Mahindwara PS Case No. 151 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 169.75 litres of liquor were allegedly recovered from his car. The prosecution alleged his involvement, while the petitioner contended that his name was only disclosed by a co‑accused and that he had no connection to the liquor seizure. He also argued that the investigation failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and that no prima facie case existed against him. The State opposed the bail. The High Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within six weeks and furnishes bail bonds and sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the prosecution has made a prima facie case against the petitioner.
Whether the investigation complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
false implication
liquor seizure
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 30(a)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89601 of 2025
                   Arising Out of PS. Case No.-151 Year-2025 Thana- MAHINDWARA District- Sitamarhi
                 ======================================================
                 Sanjay Sharma S/O Viraji Sharma R/o Village- Balua, P.S.- Mahindwara,
                 District- Sitamarhi

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Mahindwara PS Case No. 151 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                           3.       The prosecution case, in short, is that total 169.75

                   litres of liquor was recovered from car.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   disclosure made by apprehended co-accused person. The

                   petitioner has got no concern with the alleged recovery of
           Patna High Court CR. MISC. No.89601 of 2025(2) dt.19-01-2026
                                                       2/2




                     liquor. The petitioner has two criminal antecedents. There is no

                     compliance of Section 103 of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023. Learned counsel for the petitioner, therefore,

                     contends that prima-facie no case is made out against the

                     petitioner.

                             5.      Learned APP 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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory 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 Mahindwara PS

                     Case No. 151 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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