Patna High Court
Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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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