Dilip Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21061 of 2026 Arising Out of PS. Case No.-396 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Dilip Sharma Son of Badhu Sharma Resident of Village - Masarhi, Post - Deohalia, Thana - Ramgarh, District - Kaimur (Bhabua), Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ambrish Kumar, Advocate Mr. Sudhir Kr. Singh, Advocate Mr. Saharsh Kumar, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 38 and 41(1) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a tube-well, altogether 3010 liters of country made liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. He has been falsely implicated in this case. He is not in any way concerned with the alleged tube-well from where, the recovery has been

Patna High Court CR. MISC. No.21061 of 2026(2) dt.02-04-2026 2/2 made. One Avinash was apprehended on spot and on his statement, the name of this petitioner has surfaced. The witnesses of the seizure list are police personnel and police has not complied Section 105 of BNSS while preparing seizure list. Moreover, the petitioner is languishing in judicial custody since 28.02.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ramgarh P.S. Case No. 396 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Judge (Excise) II, Kaimur at Bhabua.

(Ashok Kumar Pandey, J) Shubham/- U T