Patna High Court
Dilkhush Kumar @ Dillkhush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with a bond of Rs 10,000 and specified conditions.
Summary
The petitioner, Dilkhush Kumar, was arrested on 8 February 2026 in connection with a case involving the seizure of 200 litres of country-made liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that he has a clean criminal record, is not the owner of the vehicle from which the liquor was recovered, and that co‑accused individuals have already been granted bail. The State opposed the bail application. The Court, noting the petitioner’s clean antecedent and the bail already granted to co‑accused, ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail bond was to be accepted without delay pending verification of antecedents. The order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 considering his clean antecedent and the circumstances of the seizure.
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- Section 30(a)
- Bihar
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28559 of 2026
Arising Out of PS. Case No.-723 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Dilkhush Kumar @ Dillkhush Kumar S/o Sam Bihari Ram @ Shyam Bihari
Ram R/o Village- Utari Madhubani, Dariyapur, P.S- Sangrampur, Dist- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr.Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-05-2026 Heard Mr.Madhurendra Kumar, learned counsel for
the petitioner and Mr.Syed Mojibur Rahman, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
08.02.2026 in connection with Harsidhi P.S. Case No. 723 of
2025, F.I.R. dated 24.10.2025 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Amendment Act, 2022.
3. Recovery is of 200 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Further submits
that it appears from the FIR as well as the seizure list that the
recovery has been made from the vehicle in question and
Patna High Court CR. MISC. No.28559 of 2026(2) dt.01-05-2026
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Bamboo which was situated in Bamboo Orchard. As per
allegation in the FIR, the petitioner has escaped from the place
of occurrence. The name of the petitioner has been transpired
during investigation on the basis of the disclosure made by the
local Chaukidar. Learned counsel for the petitioner submits that
the petitioner is not the owner of the Tempo in question and co-
accused persons, namely, Nandu Sahani @ Nandu Kumar and
Laddu Sahani @ Krishna Mohan Sahani have been granted
bail by this Court vide orders dated 03.04.2026 and 25.03.2026
passed in Cr. Misc. Nos.18499 of 2026 and 19682 of 2026
respectively and the petitioner is in custody since 08.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact and petitioner has
clean antecedent, let the petitioner, 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
learned Exclusive Special Excise Court No.-1, East Champaran
at Motihari in connection with Harsidhi P.S. Case No. 723 of
2025,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers 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 petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Nitesh/-
U T
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