Patna High Court
Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Dipak Kumar, a driver, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 189 litres of Nepali liquor were seized from an auto he was driving. He contended that nothing was recovered from his personal possession and that the police failed to comply with Section 105 of the BNSS during the seizure. He had been in judicial custody since 24 February 2026 and the State opposed bail, citing three prior criminal cases. The court examined the procedural lapse and the petitioner’s antecedents, and decided to grant bail. He was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount to the 2nd Exclusive Special Excise Court, Supaul.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS during seizure warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- seizure procedure
- Section 105 BNSS
- prior convictions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31538 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- BIRPUR District- Supaul
======================================================
Dipak Kumar S/O Sheru Das R/O Vill.- Simrahi bazar, Ward no. 12, P.S.-
Radhopur, Dist.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pratibha Srivastava, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Birpur P.S. Case No.85 of 2026 registered for the offence
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that as per
the case of the prosecution altogether 189 litre of Nepali country
made liquor was recovered from an auto.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is driver of the said auto.
It has further been submitted that nothing has been recovered
from the possession of the petitioner. It has further been
submitted that the witnesses of the seizure list are police
Patna High Court CR. MISC. No.31538 of 2026(2) dt.13-05-2026
2/2
personnel and police have not complied Section 105 of the
BNSS while making seizure. It has further been submitted that
the petitioner is languishing in judicial custody since
24.02.2026.
5. The application for bail is opposed by learned APP
for the State. He has further submitted that the petitioner is
having criminal antecedent of three cases.
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 court of learned
2nd Exclusive Special Excise court, Supaul in connection with
Birpur P.S. Case No.85 of 2026.
(Ashok Kumar Pandey, J)
Durgesh/-
Rohit/-
U T
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