Patna High Court
Dipak Kumar @ Dipak Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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)
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