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Patna High Court

Dhanjay KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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