Patna High Court
Kishun SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to bond and conditions, finding insufficient grounds to deny liberty.
Summary
The petitioner, Kishun Sharma, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 553.68 liters of liquor in his vehicle. An earlier application for anticipatory bail had been rejected by a coordinate bench of the same court. The petitioner argued that he had no knowledge of the liquor, no incriminating material was found in his possession, and that procedural safeguards under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, were not complied with. The State opposed the bail, contending the seriousness of the offence. Considering the lack of direct evidence, the petitioner’s custody period, and the procedural lapses, the court granted bail subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding family surety and appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite the rejection of anticipatory bail.
- Whether the prosecution has established sufficient material evidence linking the petitioner to the liquor seizure.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.
Legislation cited
Subjects
- bail
- anticipatory bail
- liquor seizure
- prohibition act
- excise law
- Section 103
- procedural safeguards
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91115 of 2025
Arising Out of PS. Case No.-87 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Kishun Sharma Son of Indal Sharma Resident of Village- Shivram, P.S.-
Bahera, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kumar, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, 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 seeks bail in connection with
Darbhanga Sadar P.S. Case No. 87 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Earlier, anticipatory bail of the petitioner has been
rejected by a co-ordinate Bench of this Court vide order dated
16.09.2025 passed in Cr. Misc. No. 40447 of 2025.
4. The prosecution case, in short, is that 553.68 liters
liquor was recovered from pick-up vehicle.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.91115 of 2025(2) dt.19-01-2026
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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. Learned counsel
for the petitioner also submits that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case as being owner of the vehicle in question and he has got no
knowledge with regard to the nature of goods carried in his
vehicle. The petitioner is in custody since 03.12.2025 and has
got one criminal antecedent in which he is on bail. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. 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.
8. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Darbhanga Sadar P.S. Case No. 87 of
2025, subject to the following conditions:
Patna High Court CR. MISC. No.91115 of 2025(2) dt.19-01-2026
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(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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