Patna High Court
Dinanath Kumar @ Dinanath yadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S., 2023 — s. 105, 274, 275, 3(5)
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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