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
- Bhartiya Nagarik Suraksha Sanhita — s. 483(2)
- Bihar Prohibition and Excise (Amended) Act, 2022 — s. 30(a)
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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