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Patna High Court

Dinesh SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied the petitioner's bail application.

Summary

The petitioner, Dinesh Singh, applied for regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2016, after 36 litres of liquor were recovered from his house during a raid. The prosecution alleged that the liquor was found at his residence and that he has three prior criminal convictions, including one under the old Excise Act and two under the Bihar Prohibition and Excise Act, 2016. The petitioner contended that he was falsely implicated and that no incriminating article was found in his personal possession. The State opposed bail, emphasizing the on‑spot arrest and the petitioner’s antecedents. After hearing both sides, the court declined to grant bail, citing the seriousness of the offence and the petitioner’s criminal history, but allowed him to renew the bail application after six months.

Issues considered

  • Whether regular bail should be granted to the petitioner under section 30(a) of the Bihar Prohibition and Excise Act, 2016 in view of the recovery of liquor from his house and his prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • regular bail
  • excise
  • prohibition
  • criminal antecedents
  • section 30(a)
  • Bihar Prohibition and Excise Act, 2016

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17858 of 2026
                  Arising Out of PS. Case No.-24 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
                 ======================================================
                 Dinesh Singh S/O Vindeshri Singh Resident Of Village- Daiyakharwar, Ward
                 no. 1, P.s.- Lakhnaur, District- Madhubani- 847403

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sumit Kumar Jha, Advocate
                 For the Opposite Party/s :        Ms. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Jhanjharpur Excise P.S.

                   Case no. 24 of 2026 registered under section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, on information having

                   been received and a raid being conducted, 36 litres of liquor was

                   recovered from the house of the petitioner. The petitioner was

                   taken into custody.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case because of his

                   antecedents. No incriminating article has been recovered either from

                   his possession or from his house. He is in custody since 2.2.2026 and

                   undertakes to cooperate in the investigation/trial.
           Patna High Court CR. MISC. No.17858 of 2026(2) dt.25-03-2026
                                                       2/2




                                  5. The application for bail is opposed by learned APP

                     for the State. It is submitted that besides the petitioner being

                     arrested on the spot when the recovery of 36 litres of liquor took

                     place from his house, the petitioner has three criminal

                     antecedents including one under the old Excise Act and two

                     under the Bihar Prohibition and Excise Act, 2016.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegation against the petitioner in

                     the FIR and the antecedents of the petitioner, the Court is not

                     inclined to enlarge the petitioner on bail and the application is

                     rejected.

                                  7. Liberty is granted to the petitioner to renew his

                     prayer for bail after six months.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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