Patna High Court

Dilip Mushar @ Dilip RautversusThe State of Bihar

Decided: 2 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Dilip Mushar, sought regular bail in a case under section 30(a) of the Bihar Prohibition and Excise Act after police recovered 10 litres of country‑made liquor from his house and destroyed 45 litres of semi‑prepared liquor. The petitioner claimed innocence, asserting that no liquor was in his possession, that the seizure list lacked independent witnesses, and that the police failed to comply with Section 105 of the BNSS while preparing the seizure list. He also highlighted his clean criminal record and that he had been in judicial custody since 31‑01‑2026. The State opposed the bail application. After hearing both sides, the court found the circumstances sufficient to grant regular bail, directing the petitioner to be released on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the 2nd Exclusive Special Excise Judge, Saran at Chapra.

Issues considered

Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act.
Whether procedural irregularities in the seizure (absence of independent witnesses and non‑compliance with Section 105 of the BNSS) affect the grant of bail.
Whether the petitioner’s lack of criminal antecedents and period of pre‑trial detention justify bail.

Legislation cited

Bihar Narcotic Substances Act — s. 105

Subjects

regular bail
Bihar Prohibition and Excise Act
seizure procedure
Section 105 BNSS
pre‑trial detention
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20781 of 2026
                        Arising Out of PS. Case No.-16 Year-2026 Thana- Gaura P.S. District- Saran
                 ======================================================
                 Dilip Mushar @ Dilip Raut S/O Late Shivnath Mushar @ Harihar Raut
                 Resident of Village- Siswa Rasulpur, Mushar Toli, Police Station- Gaura,
                 District- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :        Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution is that from altogether

                   10 liters country made liquor were recovered from the house of

                   this petitioner and 45 liters of semi-prepared liquor was

                   destroyed by the police.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. He has been
            Patna High Court CR. MISC. No.20781 of 2026(2) dt.02-04-2026
                                                        2/2




                      falsely implicated in this case. There is no independent witness

                      of the seizure list rather they are police personnel. Police has not

                      followed Section 105 of BNSS while preparing seizure list. A

                      statement has been made in para-3 of this petition that the

                      petitioner has got no criminal antecedent. Moreover, he is

                      languishing in judicial custody since 31.01.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Gaura P.S. Case No. 16 of 2026 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned 2nd Exclusive Special Excise

                      Judge, Saran at Chapra.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T

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