Patna High Court
Dipesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that bail should be granted to the petitioner subject to the stipulated conditions.
Summary
Dipesh Kumar, the registered owner of a motorcycle from which 126 litres of Nepali liquor was seized, was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he had merely lent the bike to a neighbour and had no knowledge of the liquor being transported, and offered to deposit Rs.3,000 with the High Court Legal Services Committee. The State pointed out two prior similar convictions against him. The Court considered the facts, the petitioner’s lack of physical possession, and his willingness to furnish bail, and ordered that he be released on bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the Cr.P.C. and Section 482 of the Bihar Narcotic and Substance (B.N.S.S.) Act. The bail bonds are to be accepted after receipt of the deposit in the specified account.
Issues considered
- What is the applicability of Section 438(2) Cr.P.C. and Section 482 B.N.S.S. in granting bail to the petitioner?
- Whether the petitioner’s ownership of the vehicle, without knowledge of the contraband, warrants bail despite prior similar convictions?
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- prohibition act
- excise
- seizure
- motor vehicle
- liquor
- prior convictions
- Section 30(a)
- Section 438(2)
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25908 of 2026
Arising Out of PS. Case No.-211 Year-2025 Thana- LAUKAHI District- Madhubani
======================================================
Dipesh Kumar Son of Ram Pravesh Yadav @ Rampravesh Yadav Resident of
Village- Mahadeva, P.S.- Laukahi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mrs. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2018.
3. A perusal of the first information report and the
seizure list would go to show that 126 liters of Nepali liquor has
been recovered from a motorcycle bearing registration
no.BR31AL9275.
4. Learned counsel for the petitioner submits that the
petitioner has been made accused in this case as he is the
registered owner of the said motorcycle. As a matter of fact, he
has given the said motorcycle to his neighbour for taking his
mother and he has no knowledge that the same was being
Patna High Court CR. MISC. No.25908 of 2026(2) dt.24-04-2026
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misused. It has also been submitted that no recovery has been
made from the physical or conscious possession of the
petitioner.
5. Petitioner has offered to deposit a sum of
Rs.3,000.00 (Rupees Three Thousand) in the account of Patna
High Court Legal Services Committee, Patna, bearing Account
No.1413010060836, IFSC Code: PUNB0141320, Punjab
National Bank, Bar Council Branch, Patna.
6. Learned APP submits that the petitioner has two
criminal antecedents of the same nature to which learned
counsel for the petitioner responds that the petitioner has
already been granted bail in the said cases.
7. Taking into consideration the facts and
circumstances, let the above named petitioner, be released on
bail, in the event of his arrest or surrender before the learned
Court below within a period of four weeks from today, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Special Judge, Excise Act, Jhanjharpur in connection
with Laukahi P.S. Case No.211 of 2025, subject to the condition
as laid down under Section 438 (2) of the Cr.P.C./Section 482 of
the B.N.S.S.
Patna High Court CR. MISC. No.25908 of 2026(2) dt.24-04-2026
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8. The learned Court concerned shall accept the bail
bonds of the petitioner after showing the receipt of deposit of
the aforesaid amount in the account of Patna High Court Legal
Services Committee.
(Soni Shrivastava, J)
Trivedi/-
U T
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