Patna High Court
Dippu Yadav @ Deepu Yadav @ Dipu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted because the petitioner was not found in possession of the liquor and the prosecution had not complied with statutory requirements.
Summary
Petitioner Dippu Yadav was arrested in connection with the seizure of 102.8 litres of liquor from two motorcycles under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no liquor was recovered from his conscious possession, and that the investigation failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. He had been in custody since 19 July 2025 and possessed ten prior criminal antecedents. The State opposed the bail application. Considering the lack of direct incriminating evidence against the petitioner and the procedural lapse, the court granted bail subject to a bond of Rs.15,000 with two sureties and conditions of regular appearance and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts of the case
- Whether the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition act
- excise
- Section 30(a)
- Section 103
- criminal antecedents
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2858 of 2026
Arising Out of PS. Case No.-112 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
======================================================
Dippu Yadav @ Deepu Yadav @ Dipu Kumar S/O Kishan Yadav @ Krishna
Yadav @ Krishna Ji R/O Village- Bhagwanpur, P.S- Nautan, Distt.- West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Shukla, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Vishambharpur P.S. Case No. 112 of 2025 instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 102.8
litres of liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.2858 of 2026(2) dt.20-01-2026
2/3
question or the alleged recovery of liquor. The petitioner is in
custody since 19.07.2025 and has ten criminal antecedents.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Vishambharpur P.S.
Case No. 112 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.2858 of 2026(2) dt.20-01-2026
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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