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Patna High Court

Dippu Yadav @ Deepu Yadav @ Dippu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Dippu Yadav, was charged under Section 30(a) of the Bihar Excise Act for alleged recovery of 6 litres of liquor from a motorcycle and 270 litres from a public area near a river. He was not arrested at the scene, no liquor was found in his possession, and the vehicle involved was not owned by him. The prosecution's case relied on a confessional statement made by a co-accused, Mantu, while in police custody, which the petitioner argued lacks evidentiary value. Having been in custody since 26‑07‑2025 and with ten prior excise cases, he sought regular bail, assuring cooperation with the trial. The court, after considering these submissions, granted bail on a bond of Rs. 5,000 with two sureties, finding no reason to deny his release.

Issues considered

  • Whether bail should be granted to a person charged under Section 30(a) of the Bihar Excise Act when the alleged seizure was not from his possession and the prosecution relies on a custodial confessional statement.

Subjects

  • bail
  • excise law
  • Section 30(a)
  • Bihar Excise Act
  • confessional statement
  • possession
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14030 of 2026
                     Arising Out of PS. Case No.-190 Year-2024 Thana- YADOPUR District- Gopalganj
                 ======================================================
                 Dippu Yadav @ Deepu Yadav @ Dippu Kumar Son of Kishan Yadav @
                 Krishna Yadav @ Krishna Ji Resident of Village- Bhagwanpur PS -Nautan
                 Dist- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vikash Kumar Shukla
                 For the Opposite Party/s :       Mr.Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of ten cases under the Excise Act and

                   allegation is of recovery of 6 litres of liquor from a motorcycle

                   and 270 litres of liquor from a place near a river.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner
              Patna High Court CR. MISC. No.14030 of 2026(2) dt.16-04-2026
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                        and is accessible to public at large and petitioner is not the

                        owner of the seized vehicle, and he came to be implicated based

                        on confessional statement of Mantu in police custody which

                        does not have any evidentiary value. It is also submitted that

                        petitioner is in custody since 26-7-2025. It is next submitted that

                        if privilege of regular bail is granted to the petitioner, the

                        petitioner will not abscond rather will co-operate in the trial to

                        prove his innocence.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner, let the petitioner, above named, be

                        released on bail on furnishing bail bond of Rs. 5,000/- (Rupees

                        Five Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Yadopur P.S. Case

                        No. 190 of 2024.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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