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Patna High Court

Dhiraj Kumar @ BillaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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