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Patna High Court

Dilkhush Kumar @ Dillkhush KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
               Patna High Court CR. MISC. No.28559 of 2026(2) dt.01-05-2026
                                                           3/3




                         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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