Patna High Court
Dinesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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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