Patna High Court
Dhanjay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner upon furnishing a Rs.10,000 bond with two sureties.
Summary
The petitioner, Dhanjay Kumar, was arrested in connection with the alleged seizure of 85 litres of illicit country-made liquor from a scooty, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, that the police failed to comply with Section 105 of the BNSS during the seizure, and that he was falsely implicated, having no prior criminal record and being in custody since 08‑03‑2026. The State opposed his bail application. After hearing both sides, the Patna High Court considered the lack of direct possession, procedural lapses in the seizure, and the petitioner’s clean record, and decided to grant bail on condition of a Rs.10,000 bond with two sureties. The order directs the petitioner to furnish the bail bond to the Exclusive Special Excise‑V, Gaya.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the alleged illicit liquor complied with Section 105 of the BNSS, affecting the bail decision.
- Whether the petitioner poses a flight risk or risk of tampering with evidence.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illegal liquor
- seizure
- police procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31236 of 2026
Arising Out of PS. Case No.-83 Year-2026 Thana- WAJIRGANJ District- Gaya
======================================================
Dhanjay Kumar, aged about 26 years (Male), S/O Satendra Paswan, R/o
Village-Shadhani, P.S. Wazirganj, District-Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that, from a
scooty, altogether 85 liters of illicit 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. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
Patna High Court CR. MISC. No.31236 of 2026(3) dt.22-06-2026
2/2
105 of the BNSS while making the seizure. He further submits
that the petitioner is not concerned in any way with the said
scooty. The petitioner started fleeing away seeing the police, and
the police have apprehended him and framed him in the present
case. 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 08.03.2026.
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 Excise-V, Gaya, in connection with Wazirganj
P.S. Case No. 83 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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