Patna High Court
Dipak Kumar @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to specified monetary and compliance conditions.
Summary
The petitioner, Dipak Kumar, was arrested on 12 February 2026 for possession of 39 litres of illicit liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for regular bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the custody period, the petitioner’s clean antecedent, and the submissions, allowed the bail application. The petitioner was ordered to furnish bail bonds of Rs. 10,000 each with two sureties and to deposit Rs. 25,000 with Ramakrishna Math, subject to verification. Additional conditions included monthly attendance at the police station and verification of his antecedents before acceptance of the bonds.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioner’s antecedents.
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- regular bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22184 of 2026
Arising Out of PS. Case No.-63 Year-2026 Thana- Excise P.S. District- Buxar
======================================================
Dipak Kumar @ Deepak Kumar Son of Baban Dhobi R/o Village - Banarpur,
P.S. - Buxar(M), Dist. - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Dimpal Kumari
For the Opposite Party/s : Mr. Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Excise Buxar P.S. Case No. 63 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 39 liters of illicit liquor
have been recovered from the possession of the petitioner. The
petitioner is in custody since 12.02.2026 and claims clean
antecedent.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.22184 of 2026(2) dt.09-04-2026
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5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Excise Buxar P.S.
Case No. 63 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Math, Village Jharha (near
Matua Pahar), P.O. Gurua, Dist. Gayaji, Bihar ,
and shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Banarpur Police Station on every 1 st
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
Patna High Court CR. MISC. No.22184 of 2026(2) dt.09-04-2026
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of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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