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Patna High Court

Dinanath Kumar @ Dinanath yadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Dinanath Kumar was arrested in connection with the seizure of 135 litres of illicit Nepali liquor and charged under Sections 274, 275 and 3(5) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, argued that the police failed to comply with Section 105 of the B.N.S. during the seizure, and had no prior criminal record. The State opposed bail, citing the seriousness of the offence. After hearing both sides, the Court found merit in the procedural lapse claim and the petitioner’s lack of antecedents, and ordered that bail be granted on a bond of Rs.10,000 with two sureties. The order was directed to the Exclusive Special Judge, Excise, Madhubani.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged offence under the B.N.S., 2023 and the Bihar Prohibition and Excise Act
  • Whether the seizure complied with the procedural requirements of Section 105 of the B.N.S.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • seizure
  • procedural lapse
  • excise law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29853 of 2026
                     Arising Out of PS. Case No.-82 Year-2026 Thana- KHAJAULI District- Madhubani
                 ======================================================
                 Dinanath Kumar @ Dinanath yadav Son of Ram kripal yadav Resident of
                 village- Kashma Marar P.S -Khajauli District -Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Subhash Kumar Jha, Advocate.
                 For the Opposite Party/s :       Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Khajauli P.S. Case No. 82 of 2026 corresponding to G.R.

                   No. 458 of 2026 registered for the offence punishable under

                   Sections 274, 275 and 3(5) of the B.N.S., 2023 and Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that

                   altogether 135 litres of illicit Nepali country-made liquor was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Nothing has been recovered from the possession of this
           Patna High Court CR. MISC. No.29853 of 2026(2) dt.07-05-2026
                                                       2/2




                     petitioner. The witnesses of the seizure list are police personnel

                     and the police has not complied with Section 105 of the BNSS

                     while making the seizure. Moreover, a statement has been made

                     in para 3 of the petition that petitioner has no criminal

                     antecedent and he is languishing in judicial custody since

                     26.03.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  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 enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Exclusive Special Judge, Excise, Madhubani in connection with

                     Khajauli P.S. Case No. 82 of 2026 corresponding to G.R. No.

                     458 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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