Patna High Court

Dilip KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court held that the petitioners are entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.

Summary

The petitioners were arrested on 13 December 2025 after police recovered 630 litres of illicit Indian‑made foreign liquor from a pickup van and charged them under Section 30(a) of the Bihar Prohibition and Excise Act. They pleaded that they were merely the driver and labourers, had no knowledge of the contraband, and possessed no conscious possession, emphasizing their clean antecedents and willingness to cooperate with the trial. The State opposed the bail application. The Court examined the facts, the absence of prior criminal record, and the short period of custody, and concluded that bail was appropriate. Accordingly, the Court ordered regular bail on a bond of Rs 10,000 each with two sureties, thereby disposing of the bail petition.

Issues considered

Whether the petitioners are entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the circumstances of no prior record, lack of conscious possession, and short custody justify granting bail.

Subjects

bail
prohibition
excise
illicit liquor
regular bail
Section 30(a)
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11005 of 2026
                       Arising Out of PS. Case No.-303 Year-2025 Thana- Rangara District- Bhagalpur
                 ======================================================
           1.     Dilip Kumar S/o Late Raj Kumar Resident of Village- Shohdulapur,
                  Chakfarid, Police Station- Bidupur, Dist.- Vaishali.
           2.    Sudhir Kumar S/o Dev Prasad Rai Resident of Village- Shohdulapur,
                 Chakfarid, Police Station- Bidupur, Dist.- Vaishali.
           3.     Ashok Rai S/o Dinesh Rai Resident of Village- Shohdulapur, Chakfarid,
                  Police Station- Bidupur, Dist.- Vaishali.
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dr. Manoj Kumar, Advocate.
                 For the Opposite Party/s :        Ms. Shaheen Begum, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-02-2026                      Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners seek regular bail in a case registered

                   under Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, there is recovery of

                   630 litres of illicit Indian made foregin liquor from Pickup van

                   bearing Reg. No. BR01-GG-3370. It is alleged that petitioners

                   were apprehended on the spot.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in this

                   case. He further submits that petitioner no.1 is the driver and

                   petitioner nos.2 & 3 were labour and they had no knowledge

                   about the fact that illicit liquor was loaded in the pickup van.
              Patna High Court CR. MISC. No.11005 of 2026(2) dt.17-02-2026
                                                          2/2




                        Learned counsel submits that petitioners have no concern with

                        the alleged seized illicit liquor and nothing has been recovered

                        from their conscious possession. He further submits that

                        petitioners have got clean antecedent and there is no chance of

                        their absconding or tampering with the evidence. Petitioners are

                        in custody since 13.12.2025 and they undertake to cooperate in

                        the trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioners.

                                     6. Considering the facts and circumstances of the

                        case, submissions of learned counsel for the parties, the

                        allegation made against the petitioners and the fact that they

                        have no criminal antecedent as well as the period of custody, let

                        the petitioners, above named, be released on bail on furnishing

                        bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

                        sureties of the like amount each to the satisfaction of the learned

                        Court concerned in connection with Rangra P.S. Case No.303 of

                        2025.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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