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Patna High Court

Dillu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding no sufficient ground to deny it.

Summary

The petitioner, Dillu Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 90.06 litres of liquor were recovered from a co-accused's house. He claimed innocence, stating no liquor was found in his possession and that he was falsely implicated. The State opposed bail, while the petitioner had been in custody since 9 January 2026 and possessed two prior criminal antecedents, with no compliance of Section 103 of the BNSS, 2023. The Court, after considering the facts, the period of custody, and the lack of direct incriminating material against the petitioner, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions including family surety and regular appearance in court.

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 his antecedents
  • Whether the non‑compliance of Section 103 of the BNSS, 2023, precludes the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Section 103
  • antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15575 of 2026
                        Arising Out of PS. Case No.-5 Year-2026 Thana- SAHPUR District- Bhojpur
                 ======================================================
                 Dillu Kumar S/O Munna Dhanuk R/O Village- Shahpur, Ward no. 10, P.S.-
                 Shahpur, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Chandra Gandhi, Advocate
                 For the Opposite Party/s :       Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Shahpur PS Case No. 05 of 2026 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 90.06 liters

                   liquor was recovered from the house of co-accused person.

                           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. It is submitted

                   that recovery is made from the house of the co-accused. The
           Patna High Court CR. MISC. No.15575 of 2026(2) dt.10-03-2026
                                                       2/2




                     petitioner is in custody since 09.01.2026 and has got two

                     criminal antecedent/s. 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 Shahpur PS Case

                     No. 05 of 2026, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T


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