Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioners subject to the conditions imposed.
Summary
The petitioners, Dilip Kumar and Kokai Sharma, were arrested as driver and passenger of an e‑rickshaw from which 200 litres of illicit liquor was recovered, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were unaware of the liquor, had no incriminating material in their possession, and possessed no prior criminal record, also noting non‑compliance of Section 103 of the BNSS, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioners' clean record, and the period already spent in custody, the Court inclined to grant bail. The bail was ordered on the condition of furnishing a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and mandatory appearance at every trial date. Failure to appear on two consecutive dates would permit cancellation of the bail.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material and prior record.
- Whether the non‑compliance of Section 103 of the BNSS, 2023, justifies denial of bail.
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illicit liquor
- criminal procedure
- Section 103 BNSS
- custody
- e‑rickshaw
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13699 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
1. Dilip Kumar Son of Chamanlal Sharma @ Chamalal Sharma Resident of
village - Madhwapur Ward No.- 05, P.S.- Bhawanipur, District - Purnia.
2. Kokai Sharma Son of Late Chakradhar Sharma Resident of village -
Madhwapur Ward No.- 05, P.S.- Bhawanipur, District - Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with
Udakishunganj PS Case No. 248 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 200 liters
liquor was recovered from e-rickshaw.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.13699 of 2026(2) dt.26-02-2026
2/3
got no concern with the alleged recovery of liquor. It is
submitted that names of the petitioners have surfaced in this
case as being driver and passenger of the vehicle in question,
respectively and they were oblivious of the fact that illicit liquor
was laden in the vehicle. The petitioners are in custody since
06.12.2025 and have got no criminal antecedent/s. 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail, after
framing of charge, if not already framed, on furnishing bail
bonds of Rs.15,000/- (Fifteen thousand) each with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Udakishunganj PS
Case No. 248 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioners.
(II) The petitioners shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.13699 of 2026(2) dt.26-02-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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