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Patna High Court

Dilip KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, subject to specified conditions, finding no sufficient ground to deny bail.

Summary

The petitioners, Dilip Kumar and Ajay Paswan, were arrested on 24 February 2026 in connection with an excise case involving the seizure of 165 litres of country‑made liquor, alleged to be offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. They contended that they had no conscious possession of the liquor, were merely the driver and a passenger of the tempo from which the liquor was recovered, and that they have clean antecedents. The State opposed bail, arguing the seriousness of the offences. The High Court examined the factual matrix, noted the lack of evidence of possession by the petitioners, and considered their clean record. It granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was made without delay for antecedent verification.

Issues considered

  • Whether the petitioners are entitled to bail despite the alleged offences under the Bihar Prohibition and Excise Act, 2018.
  • Whether the facts demonstrate that the petitioners had conscious possession of the seized liquor.
  • Whether the conditions imposed by the court are sufficient to safeguard the trial process.

Subjects

  • bail
  • excise
  • illegal liquor
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • conscious possession
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26555 of 2026
                   Arising Out of PS. Case No.-234 Year-2026 Thana- EXCISE DANAPUR District- Patna
                 ======================================================
           1.     Dilip Kumar Son of Naresh Chaudhary Resident of Pragati Nagar Sipara,
                  Police Station - Beur, District - Patna (Bihar)
           2.    Ajay Paswan Son of Late Ram Ishwar Paswan Resident of village - Simra,
                 Police Station - Parsa Bazar, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhijeet Gautam, Advocate
                 For the Opposite Party/s :      Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                        Heard Mr. Abhijeet Gautam, learned counsel for

                   the petitioners and Mr. Nand Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   24.02.2026 in connection with Danapur Excise P.S. Case No.

                   234 of 2026, F.I.R. dated 24.02.2026 for the offences punishable

                   under Section 30(a), 32(3) of the Bihar Prohibition and

                   Excise Act, 2018.

                               3. Recovery is of 165 liters of country made liquor.

                               4. Learned counsel for the petitioners submits that

                   petitioners have clean antecedent and they have falsely been

                   implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.26555 of 2026(2) dt.22-04-2026
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          from the F.I.R. as well as seizure list that nothing has been

          recovered from the conscious possession of the petitioners

          rather the recovery has been made from tempo in question and

          petitioners are not the owner nor the driver of the tempo in

          question. Petitioner no.1 is the driver and petitioner no.2 is

          passenger of the tempo in question and seizure list witnesses are

          police personnel and the petitioners are in custody since

          24.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners.

                      6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Special Excise Judge, Danapur in connection with Danapur

          Excise P.S. Case No. 234 of 2026, subject to the following

          conditions:-

                      i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.
            Patna High Court CR. MISC. No.26555 of 2026(2) dt.22-04-2026
                                                        3/3




                                  ii. If the petitioners tamper with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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