Patna High Court
Mithun SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Mithun Sharma, was arrested in connection with a case alleging possession of 285.96 litres of foreign liquor in a vehicle, under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged the liquor was recovered from a "jugaad" vehicle, but no incriminating material was found in the petitioner's conscious possession. The petitioner claimed innocence, stating he was merely the driver and unaware of the illicit cargo, and highlighted his clean criminal record and lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the petitioner’s clean antecedent, the short period of custody, and the absence of direct evidence. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material and with a clean antecedent.
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- clean antecedent
- Section 30
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9688 of 2026
Arising Out of PS. Case No.-335 Year-2025 Thana- KHARIK District- Bhagalpur
======================================================
Mithun Sharma S/o Vishal Sharma @ Vilash Sharma R/o Village- Parbatta
Garaiya, P.S- Parbatta, Dist- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Kharik
PS Case No. 335 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 285.96 liters
foreign liquor was recovered from Jugaad gaadi.
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 name of the petitioner has surfaced in this case as being
Patna High Court CR. MISC. No.9688 of 2026(2) dt.12-02-2026
2/2
driver of the vehicle in question and he was oblivious of the fact
that illicit liquor was laden in the vehicle. The petitioner is in
custody since 07.11.2025 and has got no 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, clean antecedent of the petitioner 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 Kharik PS Case No.
335 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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