Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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