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Patna High Court

Dalpat SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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