Created by Fuzzy Cloud

Patna High Court

Dilip KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.