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Patna High Court

Dipak Kumar @ Dipak Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Dipak Kumar was arrested on 8 April 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2016, for the alleged seizure of 973.560 litres of illicit liquor. The prosecution’s case rests mainly on the confessional statement of a co‑accused, Bimal Kumar Sah, and no liquor or other incriminating material was found in the petitioner’s conscious possession. The petitioner contended that he was falsely implicated and sought bail, while the State opposed the bail, noting a similar pending case but acknowledging that the petitioner was already on bail in that matter. The Court observed that the lack of direct evidence against the petitioner and the reliance on a co‑accused’s confession warranted bail. Accordingly, the Court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • What is the appropriateness of granting bail when the prosecution’s case is based solely on a co‑accused’s confessional statement and no material is recovered from the petitioner’s possession?

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • confessional statement
  • co‑accused
  • seizure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33478 of 2026
                    Arising Out of PS. Case No.-56 Year-2026 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 Dipak Kumar @ Dipak Kumar Sah son of Jiwachh Sah @ Makhan Sah
                 Resident of village- Madhepur Sangat Chowk Ps- Madhepur Dist- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Baleshwar Kamat, Advocate
                 For the Opposite Party/s :      Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   14-05-2026                    Heard Mr. Baleshwar Kamat, learned counsel for the

                   petitioner and Mr. Ramesh Chandra, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   08.04.2026, in connection with Madhepur P.S. Case No. 56 of

                   2026, F.I.R. dated 27.02.2026 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition &

                   Excise (Amendment) Act, 2016.

                                3. Recovery is of 973.560 litres of illicit liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather recovery has been

                   made from the shop in question and the petitioner has been
Patna High Court CR. MISC. No.33478 of 2026(2) dt.14-05-2026
                                            2/3




          made accused in the present case merely on the basis of

          confessional statement of co-accused person, namely, Bimal

          Kumar Sah and except the aforesaid, no other cogent material

          has come during investigation against the petitioner to suggest

          the involvement of the petitioner in the present occurrence. He

          further submits that the petitioner is not apprehended from the

          place of occurrence and the petitioner is in custody since

          08.04.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioner and submits that the petitioner carries one more case

          of similar nature other than the present one but fairly submits on

          the basis of paragraph-3 of the bail petition that the petitioner is

          on bail in the pending matter.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and the name of the petitioner has

          been transpired on the basis of confessional statement of co-

          accused person, let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Judge Excise Act,
               Patna High Court CR. MISC. No.33478 of 2026(2) dt.14-05-2026
                                                           3/3




                         Jhanjharpur, Madhubani, in connection with Madhepur P.S.

                         Case No. 56 of 2026 (G.R. No. 107 of 2026), subject to the

                         following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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