Patna High Court
Dilip Kumar @ Dilip Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to the conditions specified under Section 480(3) of the BNSS.
Summary
The petitioner, Dilip Kumar Rai, was arrested in connection with a case involving the transport of 218.93 litres of foreign liquor and cash, alleged under Section 273 of the IPC and Sections 30(a) and 41 of the Bihar Prohibition & Excise Act. The prosecution claimed he was the intended recipient and owner of the vehicle used, while the petitioner asserted he was falsely implicated and that the vehicle belonged to a co‑accused, with no documentary proof of transfer. He had a prior similar case and had been in custody since 11 February 2026. The court considered the nature of the offence, the evidence, the period of custody, and the petitioner’s claim of innocence. It ordered his release on bail upon furnishing a Rs 10,000 bond with two sureties and imposed conditions under Section 480(3) of the BNSS, including presence at court dates and a relative as one bailor.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the alleged offences under IPC 273 and the Bihar Prohibition & Excise Act.
- Whether the petitioner’s claim of non‑ownership of the vehicle and lack of documentary evidence affect the bail decision.
- Whether the petitioner’s prior similar case and period of custody justify denial of bail.
Legislation cited
- BNSS — s. 480(3)
- Indian Penal Code — s. 273
Subjects
- bail
- IPC 273
- Bihar Prohibition & Excise Act
- illicit liquor
- criminal procedure
- Section 480(3) BNSS
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25500 of 2026
Arising Out of PS. Case No.-128 Year-2017 Thana- BAISI District- Purnia
======================================================
Dilip Kumar @ Dilip Kumar Rai, S/O Ram Sakal @ Ram Sakal Rai, R/o
-Village- Bisambharpatti Berai, P.S- Hathauri, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : Mr.Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Baisi P.S. Case No. 128 of 2017 registered for
the alleged offences under Section 273 of the Indian Penal Code
and Sections 30 (a)/41 of the Bihar Prohibition & Excise Act.
3. As per prosecution case, on receipt of secret
information about transportation of illicit liquor by a car, two
co-accused persons were apprehended and from the said car,
recovery of 218.930 liters of foreign liquor was made. Further
recovery of some cash was made from the apprehended co-
accused persons. The petitioner is said to be the intended
recipient of the illicit liquor and is also stated to be the owner of
the vehicle from which transportation of liquor was being made.
Patna High Court CR. MISC. No.25500 of 2026(2) dt.17-04-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is not the owner of the vehicle as the vehicle
belongs to co-accused Pankaj Kumar, who claims he has sold
the vehicle to the petitioner, but no document has been brought
on record to show such transfer. The petitioner is having
antecedent of one case of similar nature and he is in custody
since 11.02.2026.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and period of custody of the petitioner, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, Excise Court No.1, Purnea/court
concerned in connection with Baisi P.S. Case No. 128 of 2017,
subject to the conditions mentioned in Section 480(3) of BNSS
and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
Patna High Court CR. MISC. No.25500 of 2026(2) dt.17-04-2026
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(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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