Patna High Court
Dablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that, in the absence of any material linking the petitioner to the seized liquor, anticipatory bail could be granted subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
Petitioner Dablu Kumar sought anticipatory bail in a case (Fatuha P.S. Case No. 958 of 2025) alleging violation of Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for possession of one litre of illicit liquor. The prosecution’s FIR named four accused, including the petitioner, but no liquor was recovered from his conscious possession. The petitioner argued innocence, lack of any link to the seized liquor, and that his only pending case was unrelated to the Excise Act. The State opposed bail. The High Court, considering the absence of material evidence tying the petitioner to the contraband and applying the principles of anticipatory bail under Section 482(2) of the B.N.S.S., 2023, granted anticipatory bail subject to a bail bond and conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S., 2023 in a case under Sections 30(a) & 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the petitioner’s prior criminal antecedent, unrelated to the Excise Act, precludes the grant of anticipatory bail
- Whether the seizure of illicit liquor from another accused can be legally attributed to the petitioner
Legislation cited
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
- B.N.S.S.
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15778 of 2026
Arising Out of PS. Case No.-958 Year-2025 Thana- FATUA District- Patna
======================================================
Dablu Kumar Son of Virodhi Yadav @ Virodhi Singh Resident of Village-
Abdalpur, Police Station- Fatuha, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Fatuha P.S. Case No. 958 of 2025 lodged on 27.12.2025,
for the offence punishable under Sections 30(a) & 30(d) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner and
owner of a motorcycle. Total recovery of 1 litre of illicit liquor
has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
possession of the petitioner and the petitioner has no concern
with the seized liquor. Counsel submits that no independent
Patna High Court CR. MISC. No.15778 of 2026(2) dt.25-03-2026
2/2
witness was present at the time of preparation of seizure list.
Counsel further submits that the criminal antecedent of the
petitioner is not clean as there is one case pending against him,
but the said case is not relating to Excise Act.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive
Special Court of Excise, Patna City, in connection with Fatuha
P.S. Case No. 958 of 2025, subject to the conditions as laid
down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
Checking your session…