Patna High Court
Dheeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Dheeraj Kumar, was arrested in connection with the recovery of 460.515 litres of liquor from a vacant, publicly accessible land, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, no incriminating material was found on him, and that the recovery was from an open place, asserting his innocence. The petitioner had been in custody since 14‑12‑2025 and possessed three prior criminal antecedents, and the prosecution failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, after considering the lack of direct evidence, the open‑place recovery, and the period of custody, decided to grant bail. The bail was set at Rs.15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal antecedents
- custody
- liquor seizure
- open place
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2402 of 2026
Arising Out of PS. Case No.-706 Year-2025 Thana- GARDANIBAG District- Patna
======================================================
Dheeraj Kumar Son of Butan Prasad R/O Chitkohra Basti, P.S -.Gardanibag,
District - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : Mr.Md. Nazir Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Special
Case No. 2036 of 2025, arising out of Gardanibag P.S. Case
No. 706 of 2025, instituted for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 460.515
liters liquor was recovered from vacant land.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.2402 of 2026(2) dt.19-01-2026
2/2
made from open place, which is accessible to public at large.
The petitioner is in custody since 14.12.2025 and has got three
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Special Case No.
2036 of 2025, arising out of Gardanibag P.S. Case No. 706 of
2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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