Patna High Court

Dilip Kumar @ BhokwaversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner, subject to specified conditions.

Summary

The petitioner, Dilip Kumar, was arrested in connection with the recovery of 70.200 litres of liquor alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that no incriminating material was found in his possession and that the liquor was recovered from an open area accessible to all. The petitioner had been in custody since 22‑12‑2025 and possessed three prior criminal antecedents, and the prosecution noted non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court, considering the circumstances and the period of custody, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions including family surety, regular appearance, and possible cancellation on default.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering his custody period, prior antecedents, and non‑compliance with Section 103 of the BNSS, 2023.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
criminal procedure
BNSS 2023
Section 103
antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10409 of 2026
                          Arising Out of PS. Case No.-570 Year-2025 Thana- BEUR District- Patna
                 ======================================================
                 Dilip Kumar @ Bhokwa S/O Surendra Kumar @ Surendra Ray R/O-
                 Vishunpur Pakri,P.S.- Beur, Distt- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ram Jiban Pd Singh, Advocate
                 For the Opposite Party/s :        Ms. Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Special

                   Case No. 1599 of 2025, arising out of Beur PS Case No. 570 of

                   2025 instituted for the offences under Section/s 30(a) of the

                   Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 70.200 liters

                   liquor was recovered from plastic sack.

                           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 petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.10409 of 2026(2) dt.13-02-2026
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          that recovery is from an open place, which is accessible to one

          and all. The petitioner is in custody since 22.12.2025 and has

          got three criminal antecedent/s. There is no compliance of

          Section 103 of the BNSS, 2023. Other co-accused has been

          granted bail by this Court vide order dated 18.12.2025, passed

          in Cr. Misc. No. 87644 of 2025.

                  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 Special Case No.

          1599 of 2025, arising out of Beur PS Case No. 570 of 2025,

          subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.10409 of 2026(2) dt.13-02-2026
                                                       3/3




                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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