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Patna High Court

Dilip KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner.

Summary

Dilip Kumar was arrested on 16 November 2025 after 99 litres of liquor were recovered from a motorcycle, and he was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passer‑by, not the owner of the motorcycle, and that no incriminating material was found in his possession; he also argued that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, insisting on the seriousness of the offence. The Court, after considering the lack of direct evidence, the petitioner’s clean record and the length of his pre‑trial custody, decided to grant bail. Bail was set at a cash bond of Rs.15,000 with two sureties of the same amount, subject to the lower court’s satisfaction.

Issues considered

  • Whether bail should be granted to a person arrested for alleged possession of liquor under the Bihar Prohibition and Excise Act.
  • Whether the absence of material found in the accused’s conscious possession and lack of prior criminal record justify bail.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Subjects

  • bail
  • excise
  • liquor possession
  • suspicion
  • Section 103
  • Bihar Prohibition and Excise Act
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12421 of 2026
                      Arising Out of PS. Case No.-286 Year-2025 Thana- Excise P.S. District- Sheohar
                 ======================================================
                 Dilip Kumar Son of Ram Ekwal Ray R/o Village - Tajpur, Tole Bankul, Ward
                 No.- 5, P.S. and District - Sheohar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dinesh Jha, Advocate
                 For the Opposite Party/s :        Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sheohar Excise P.S. Case No. 286 of 2025, instituted for the

                   offences punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 99 liters

                   liquor was recovered from motorcycle and the petitioner was

                   arrested on spot.

                                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
             Patna High Court CR. MISC. No.12421 of 2026(2) dt.24-02-2026
                                                         2/2




                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submitted that the petitioner is not the

                       owner of the motorcycle in question. It is further submitted that

                       the petitioner was a passerby of that way and was arrested only

                       on the basis of suspicion. The petitioner is in custody since

                       16.11.2025 and has got no criminal antecedent. There is no

                       compliance of Section 103 of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023.

                                    5. Learned APP 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/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Sheohar Excise P.S.

                       Case No. 286 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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