Patna High Court
Dalpat SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Dalpat Singh was arrested for allegedly transporting 6,150.96 litres of foreign liquor in a DCM truck, violating several provisions of the Bihar Prohibition & Excise Amendment Act. He contended that no incriminating article was found in his possession, he was falsely implicated, and he has a clean antecedent, having been in custody since 25‑12‑2025. The State opposed his regular bail. The court, noting his lack of prior criminal record and the absence of seized contraband, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, imposing conditions such as a close relative as a bailor and mandatory physical presence at trial. The bail was granted subject to cancellation if the petitioner missed two consecutive court dates without sufficient cause. The petition for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations under Sections 30(a), 32(I), 32(II), 36, 41(I) and 41(II) of the Bihar Prohibition & Excise Amendment Act
- Whether the absence of seized contraband and the petitioner's clean antecedent justify granting bail
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- criminal procedure
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10247 of 2026
Arising Out of PS. Case No.-329 Year-2025 Thana- DOBHI District- Gaya
======================================================
Dalpat Singh S/o- Magadh Singh @ Magan Singh Village -Sindhi Balotra
P.S.- Balotra District - Barmed State - Rajasthan
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushp Raj Singh, Adv.
For the State : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Dobhi P.S.
Case No. 329 of 2025 registered for the offence punishable under
Sections 30(a)/32(I)/32(II)36/41(I)/41(II) of the Bihar Prohibition &
Excise Amendment Act.
3. As per the FIR, the allegation against the petitioner is
that he was apprehended while transporting 6,150.96 litres of foreign
liquor in a DCM truck bearing registration number CG04NU-6470.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case. No
incriminating article has been recovered from his conscious physical
possession. The petitioner is in custody since 25.12.2025 and he is a
person of clean antecedent. He further submits that the petitioner is
ready to abide by the conditions which may be imposed by this
Patna High Court CR. MISC. No.10247 of 2026(3) dt.19-03-2026
2/2
Court.
5. Learned APP appearing for the State opposes the prayer
for regular bail of the petitioner.
6. Considering the fact that the petitioner has no criminal
antecedent and has been lying in custody since 25.12.2025, let the
petitioner above named, is directed to 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
court below where the case is pending/successor court in connection
with Dobhi P.S. Case No. 329 of 2025, subject to the following
conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of trial.
(iii) In case of absence on two consecutive dates without
substantial reason or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled by the Court
concerned.
7. Accordingly, the prayer for bail is allowed.
(Alok Kumar Sinha, J)
kundan/-
U T
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