Patna High Court
Dinesh Kumar GondversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner.
Summary
The petitioner, Dinesh Kumar Gond, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 44 litres of illicit liquor were seized from a motorcycle. The prosecution alleged his involvement, but the petitioner was neither the driver nor the owner of the vehicle and was implicated solely on the confessional statement of co‑accused Kanhaiya Bind. He asserted that no incriminating material was found in his conscious possession and that he has a clean antecedent. The State opposed the bail application. The Court, considering the lack of direct evidence against the petitioner and his clean record, granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail‑bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s alleged involvement, based solely on a co‑accused’s confession, warrants denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 482(2)
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27509 of 2026
Arising Out of PS. Case No.-418 Year-2025 Thana- SISWAN District- Siwan
======================================================
Dinesh Kumar Gond S/o- Manan Gond R/v- Bhagar Ps- Siswan Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Irshad Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 44 litres illicit liquor was
recovered from the seized motorcycle bearing Reg. No.
BR29X1804.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicle in question and he has been made accused
merely on the confessional statement of co-accused Kanhaiya
Bind. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
Patna High Court CR. MISC. No.27509 of 2026(2) dt.04-05-2026
2/2
application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge
(Excise) Court No. 2, Siwan in connection with Siswan P. S.
Case No. 418 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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