Patna High Court
Dhupendra Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Dhupendra Kumar Rai was arrested for alleged possession of 2 litres of country‑made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was innocent, asserting that the police seizure was improper and that Section 105 of the B.N.S.S. was not complied with. He also highlighted that the total 20 litres seized involved eight persons and that he had no prior criminal record, having been in judicial custody since 21 March 2026. The State opposed the bail application. After hearing both sides, the High Court found merit in the petitioner’s arguments and ordered his release on regular bail, requiring a bond of Rs 10,000 with two sureties, subject to the satisfaction of the Special Excise Court, Saran. The judgment also criticized lower officials for not properly assessing the case before invoking the Act.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether procedural lapses, such as non‑compliance with Section 105 of the B.N.S.S., justify granting bail.
- Whether the absence of prior criminal antecedents influences the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition
- excise
- Section 30(a)
- procedural lapse
- police seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28396 of 2026
Arising Out of PS. Case No.-73 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Dhupendra Kumar Rai, Son of Saheb Rai @ Saheb Prasad Yadav, Resident of
Village - Jamuna Mushhari, P.S.- Chapra Muffasil, District – Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from
the possession of this petitioner, altogether 2 liters of country
made liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned counsel for the
petitioner has submitted that altogether 20 liters of country
made liquor was recovered from 8 persons. As per the case of
Patna High Court CR. MISC. No.28396 of 2026(2) dt.05-05-2026
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the prosecution, only 2 liters country made liquor was
recovered from the possession of this petitioner. It has further
been submitted that nothing has been recovered from his
possession. It has further been submitted that the witnesses of
the seizure list are police personnel. Police has not complied
Section 105 of the B.N.S.S. while making the seizure.
Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 21.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Sadar Excise P.S. Case No. 73 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned 3 rd Exclusive Special
Excise Court, Saran at Chapra.
7. It is very disheartening to note that even the
officers in the cadre of A.D.J. are not able to segregate the
allegations and are passing orders blatantly only relying
the provisions of the Act without considering the merit of
Patna High Court CR. MISC. No.28396 of 2026(2) dt.05-05-2026
3/3
the case in hand. They need to introspect while exercising
their jurisdiction.
(Ashok Kumar Pandey, J)
lata/-
U T
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