Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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