Prem Raj Sharma Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Prem Raj Sharma Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise-II), Kaimur at Bhabhua / concerned Court below in connection with Bhabhua P.S. Case No. 197 of 2026.

Issue for consideration

Whether the petitioner, arraigned in Excise P.S. Case No. 197 of 2026 (Kaimur) for offences under Sections 30(a), 32(1)(3) and 41(1)(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022, is entitled to be released on bail. +1 more

Court's answer

Bail granted: the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge (Excise-II), Kaimur at Bhabhua / concerned Court below in connection with Bhabhua P.S. Case No. 197 of 2026.

Ratio / Principle

The court treated the violation of the mandatory provisions of search and seizure and the petitioner's clean antecedents as the grounds warranting release on bail.

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Soni Shrivastava, J.) allowed a Criminal Miscellaneous petition seeking bail in Excise P.S. Case No. 197 of 2026, Kaimur (Bhabua), registered under Sections 30(a), 32(1)(3) and 41(1)(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022, wherein 114 litres of beer were allegedly recovered from the dicky of a Swift Dezire car. The petitioner, who claimed to be merely the driver of the vehicle with no knowledge of the liquor and no recovery from his personal or conscious possession, pointed to the absence of any independent witness to the search and seizure. Taking into account the violation of the mandatory provisions of search and seizure and the petitioner's clean antecedents (in custody since 25.04.2026), the Court directed his release on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge (Excise-II), Kaimur at Bhabhua / concerned Court below.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36371 of 2026

Arising Out of PS. Case No.-197 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)

======================================================

Prem Raj Sharma S/o Surendra Sharma Resident of Village - Azad Nagar, Ward No. 2, Bhabhua, P.S - Bhabhua, District - Kaimur Bhabhua, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aquaib Khan For the Opposite Party/s : Ms. Indu Kumari Srivastava ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 10-06-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 32(1)(3) and 41(1) (2) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

As per the prosecution case, 114 litres of beer has been recovered from dicky of Swift Dezire Car.

Learned counsel for the petitioner submits that the petitioner was merely driver of the said car, he has no knowledge about the presence of liquor in the vehicle. There is no independent witness to the search and seizure, as such, mandatory provisions have been violated. There is no recovery from personal or conscious possession of the petitioner. The

Patna High Court CR. MISC. No.36371 of 2026(2) dt.10-06-2026 2/2

petitioner has clean antecedent and is in custody since 25.04.2026.

Learned APP for the State opposed the grant of bail on the basis of allegations made in the First Information Report.

Taking into consideration the facts and circumstances and considering the fact that the mandatory provisions of search and seizure has been violated and the petitioner has clean antecedent, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise-II), Kaimur at Bhabhua/concerned Court below in connection with Bhabhua P.S. Case No. 197 of 2026.

(Soni Shrivastava, J)

anand/- U T