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Patna High Court

Dhirendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail was granted as the petitioners were not found to be in conscious possession of the seized wine.

Summary

The petitioners, Dhirendra Kumar and Deepak Kumar, were arrested after 576 litres of Nepali wine was recovered from a Maruti Suzuki vehicle they were riding in. They contended that no incriminating article was found in their conscious possession and had been in custody since 21 February 2026. The State opposed their bail application, invoking Section 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2022. The Court observed that the recovery was not from the petitioners' conscious possession and noted the prolonged detention, leading it to be inclined to grant bail. Accordingly, the Court ordered their release on bail with a bond of Rs 10,000 each and two sureties, subject to conditions under Section 483(2) of the Bhartiya Nagarik Suraksha Sanhita, and clarified that its observations were prima facie and not on the merits.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2022 when the alleged contraband was not recovered from their conscious possession.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • conscious possession
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27971 of 2026
                    Arising out of PS. Case No.-61 Year-2026 Thana- PHULPARAS District- Madhubani
                 ======================================================
           1.     Dhirendra Kumar S/o Ram Deo Sah R/o Village- Dagmara, P.S- Kunauli,
                  Distt.- Supaul.
           2.     Deepak Kumar S/o Heera Lal Sah R/o Village- Phulparas, P.S- Phulparas,
                  Dist.- Madhubani.                                   ... ... Petitioner/s
                                                Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ratnakar Jha, Advocate
                 For the Opposite Party/s :      Mr. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   13-05-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioners seek bail in Phulparas P.S. Case No.

                   61 of 2026 registered under section 30(a) of the Bihar

                   Prohibition and Excise Amended Act, 2022.

                               3. The allegation is that the petitioners were riding on

                   Maruti Suzuki vehicle from which 576 litres Saufi Nepali wine

                   was recovered.

                               4. Learned counsel for the petitioners submits that no

                   incriminating article was recovered from the conscious

                   possession of the petitioners. It is further submitted that the

                   petitioners are in custody since 21.02.2026.

                               5. Learned Additional Public Prosecutor for the State

                   has vehemently opposed the prayer for bail of the petitioners.

                               6. Considering that recovery has not been made from
                Patna High Court CR. MISC. No.27971 of 2026(3) dt.13-05-2026
                                            2/2




           the conscious possession of the petitioners and the petitioners

           are in custody since 21.02.2026, this Court is inclined to grant

           bail to the petitioners.

                      7. Let the petitioners, above named, be

           released on bail on furnishing bail bonds of Rs.

           10,000/- (Ten thousand) each with two sureties of the

           like amount each to the satisfaction of the learned

           Exclusive        Special         Judge,        Excise,        Jhanjharpur,

           Madhubani in connection with Phulparas P.S. Case No.

           61 of 2026, subject to the conditions as laid down

           under Section 483(2) of the Bhartiya Nagarik Suraksha

           Sanhita.

                      8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of             adjudication of            the    present   bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                           (Ansul, J)
Vikash/-

U      T


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