Patna High Court
Dhiraj Kumar @ BillaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Dhiraj Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 112 litres of illicit liquor were recovered from a water‑filled pit. The petitioner claimed innocence, arguing that no incriminating material was found in his possession and that the liquor was recovered from an open, publicly accessible area. He had been in custody since 14‑12‑2025 and possessed four prior criminal antecedents, and the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the lack of direct evidence against the petitioner and the duration of his custody. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and the petitioner’s antecedents.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- antecedents
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1323 of 2026
Arising Out of PS. Case No.-597 Year-2025 Thana- BYPASS District- Patna
======================================================
Dhiraj Kumar @ Billa S/O Mahesh Bind @ Mahesh Prasad Resident of
Bahari Begampur, Beldari Tola, Patna City, Ward no. 5/8, P.S.- By Pass,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uma Kant Mishra, Adv.
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with By Pass
PS Case No. 597 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 112 liters of
country made liquor was recovered from the jute bag hidden in
water filled pit.
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 name of the
petitioner transpired in this case on the disclosure made by the
Patna High Court CR. MISC. No.1323 of 2026(2) dt.19-01-2026
2/2
local persons. Learned counsel for the petitioner submits that the
recovery has been made from an open place which is accessibe
to one and all. The petitioner is in custody since 14.12.2025 and
has got four criminal antecedents. There is no compliance of
Section 103 of the BNSS, 2023.
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 By Pass PS Case No. 597 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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