Patna High Court
Dipu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to a bond and specified conditions.
Summary
Petitioners Dipu Kumar and Dinesh Kumar were arrested on 21 January 2026 in connection with a case involving the seizure of 450 litres of country-made liquor from three motorcycles, alleged offences under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2016. They applied for bail, claiming innocence and asserting that the liquor was recovered from the motorcycles, not from their conscious possession, and that procedural requirements under Sections 103 and 105 of the BNSS, 2023 were not complied with. The State opposed bail, noting that petitioner No.2 has other pending cases, but also indicated that both petitioners are already on bail in those matters. The Court, after considering the facts and the alleged procedural lapses, ordered that bail be granted on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order also stipulated cancellation of the bond if the petitioners miss two consecutive court dates without sufficient cause.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2016 in view of the facts of the case.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023 warrants denial of bail.
- Whether the petitioners' prior criminal cases and antecedents affect the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition
- excise
- illegal liquor
- seizure
- procedural non‑compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15321 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- Gurupa District- Gaya
======================================================
1. Dipu Kumar S/o Rajkumar Yadav @ Late Raj Kumar Yadav R/o vill -
Fatehpur, P.S.- Gurpa, Distt.- GayaJi
2. Dinesh Kumar S/o Nanhu Yadav @ Surendra Prasad @ Late Nanhu Yadav
@ Surendra Prasad R/o vill - Fatehpur, P.S.- Gurpa, Distt.- GayaJi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushp Raj Singh, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 06-04-2026 Heard Mr. Pushp Raj Singh, learned counsel for the
petitioners and Mr. Suresh Prasad Singh, learned APP for the
State.
2. Petitioners seek bail, who are in custody since
21.01.2026, in connection with Gurpa P.S. Case No. 05 of 2026,
F.I.R. dated 20.01.2026 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition & Excise
Amendment Act, 2016.
3. Recovery is of 450 litres of country made liquor in
three motorcycles.
4. Learned counsel for the petitioner submits that the
petitioners are innocent and they have been falsely implicated in
the present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.15321 of 2026(3) dt.06-04-2026
2/3
as well as seizure list that nothing have been recovered from the
conscious possession of the petitioners rather recovery has been
made from the three motorcycles in question and altogether 450
litres of country made liquor was recovered from the motorcycles
in question. He further submits that the petitioner no. 1 was
apprehended and 150 litres of country made liquor was recovered
from the possession of the petitioner no. 1 and petitioner no. 2
was also apprehended and also 150 litres was recovered from the
motorcycle in question. Learned counsel for the petitioners
submits that although recovery has been made from the
motorcycles in question and there is non-compliance of Sections
103 and 105 of BNSS, 2023 and the petitioners are in custody
since 21.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner no. 2 carries two more cases and
petitioner no. 2 carries one more case other than the present one
but fairly submits on the basis of paragraph-3 of the bail petition
that both the petitioners are on bail in the pending matters.
6. Considering the facts and circumstances of the case
and the fact that there is non-compliance of Sections 103 and 105
of the BNSS, 2023, let the petitioners, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.15321 of 2026(3) dt.06-04-2026
3/3
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge Excise-4, Gaya in
connection with Gurpa P.S. Case No. 05 of 2026, subject to the
following conditions :-
(1) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
their absence on two consecutive dates without sufficient reason,
their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at any
stage, it is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioners. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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