Patna High Court
Kuldeep SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The petitioner is entitled to anticipatory bail subject to the conditions imposed under Section 482(2) of the CrPC.
Summary
The petitioner, Kuldeep Sharma, sought anticipatory bail after the police recovered 7.5 litres of illicit foreign liquor from behind his house in Purnea, alleging a violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution relied on secret information and eyewitness testimony that identified the petitioner, while the defence argued that the liquor was found in an open area, the petitioner was not present, and the source of the secret information was undisclosed, rendering the FIR unreliable. The petitioner also highlighted his clean criminal record. The State opposed bail, contending that the recovery’s proximity to the petitioner’s residence implicated him. Considering the lack of direct possession, the undisclosed source of information, and the petitioner’s clean antecedent, the court granted anticipatory bail with a bond and sureties, subject to conditions under Section 482(2) of the CrPC. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Bihar Prohibition and Excise Act, 2016.
- Whether the recovery of illicit liquor from behind the petitioner’s house establishes sufficient grounds for arrest.
- Whether the undisclosed source of secret information and lack of direct possession affect the validity of the FIR.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- secret information
- Section 482(2) CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9133 of 2026
Arising Out of PS. Case No.-1368 Year-2025 Thana- Excise P.S. District- Purnia
======================================================
Kuldeep Sharma S/O Anand Sharma R/O Village- Birpur Lokhada ward no.
08, P.S- Muffasil, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Excise P.S. Case No. 1368 of 2025 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per prosecution case, on the basis of secret
information, 7.500 litre illicit foreign liquor was recovered from
behind the house of the petitioner concealed beneath the earth
under a tin shed roof and nearby people disclosed the name of
petitioner who fled away from the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.9133 of 2026(2) dt.18-02-2026
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in the FIR and he has falsely been implicated in this case due to
ulterior motive. He further submits that petitioner was not found
at the place of occurrence and nothing has been recovered from
the conscious possession of the petitioner. He further submits
that place of recovery is an open place and same is accessible to
all and petitioner cannot be held responsible for the alleged
recovery. He further submits that source of secret information
has not been disclosed in the FIR, which questions the
authenticity of the F.I.R. In the light of the aforesaid facts and
circumstances of the case, no case is made out against the
petitioner under the provisions of Bihar Prohibition and Excise
Act. Apart from that petitioner is having no criminal antecedent.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner by submitting that the
alleged recovery has been made from behind the house of the
petitioner and hence, he cannot escape from the allegation made
in the F.I.R.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of petitioner, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.9133 of 2026(2) dt.18-02-2026
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learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge (Excise 02), Purnea in connection with Excise P.S. Case
No. 1368 of 2025, subject to the conditions as laid down under
Section 482(2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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