Patna High CourtCR. MISC./1246/2026bail granted

Om Prakash Sharma v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1246 of 2026 Arising Out of PS. Case No.-222 Year-2025 Thana- EXCISE UDAKISHUNGANJ DistrictMadhepura ====================================================== Om Prakash Sharma S/O Late Ram Sharan Sharma R/O Village- Barki Badhouna, Ward No.02, P.S- Chausa, Distt.- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pooja Prasad, Adv.

For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Udakishungnaj Excise PS Case No. 222 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 105.125 liters of liquor was recovered from the plastic sac.

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 name of the petitioner transpired in this case on the disclosure made by the

Patna High Court CR. MISC. No.1246 of 2026(2) dt.19-01-2026 2/2 local persons due to village politics. Learned counsel for the petitioner submits that the recovery has been made from an open place which is accessible to one and all. The petitioner is in custody since 10.11.2025 and has got no criminal antecedent. 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 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 Udakishungnaj Excise PS Case No. 222 of 2025.

(Rudra Prakash Mishra, J) Siddharth Soni/- U T