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Patna High Court

Dilkhush KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Dilkhush Kumar, was arrested in connection with the recovery of 150.230 litres of foreign liquor from a house alleged to be his, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he is innocent, not the owner of the house, and was framed due to village politics, noting that no incriminating material was found in his possession and that the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed his bail application, citing his custody since 29‑11‑2025 and a prior criminal antecedent. The Court, after considering the lack of direct evidence, the length of custody, and the procedural lapse, decided to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.15,000 with two sureties of the same 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 procedural lapse under Section 103 of the BNSS, 2023.

Legislation cited

Subjects

  • bail
  • excise
  • foreign liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • political victimisation
  • criminal antecedent
  • Section 103 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1473 of 2026
                  Arising Out of PS. Case No.-206 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
                                                        Madhepura
                 ======================================================
                 Dilkhush Kumar S/o Dhirendra Yadav R/o Village- Badhouna, ward no 02,
                 PS- Alamnagar, Distt.- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raja Surendra Mohan, 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

                   Udakishunganj Excise PS Case No. 206 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 150.230 liters of

                   foreign liquor was recovered from the house of the petitioner.

                           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 petitioner has got

                   no concern with the alleged recovery of liquor. The name of the
           Patna High Court CR. MISC. No.1473 of 2026(2) dt.19-01-2026
                                                       2/2




                     petitioner transpired in this case being the owner of the said

                     house on the disclosure made by the co-accused person. Learned

                     counsel for the petitioner submits that petitioner is not the owner

                     of the said house and his name has been surfaced due to dirty

                     village politics. The petitioner is in custody since 29.11.2025

                     and has got one criminal antecedent. 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 Udakishunganj Excise PS Case No.

                     206 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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