Patna High Court
Dippu Yadav @ Deepu Yadav @ Dippu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
2/2
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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