Patna High Court
Dinkar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
Dinkar Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 135 litres of illicit Nepali liquor were recovered from the dickey of a Honda City. The petitioner argued that he was not the owner of the vehicle, had no conscious possession of the liquor, and possessed a clean antecedent, having been in custody since 15‑04‑2026. The State opposed bail, but the court considered the petitioner’s lack of direct involvement and his clean record. Weighing these factors, the court decided to grant bail, requiring a bond of Rs.10,000 with two sureties of the same amount. The order was made clear to be prima facie and not affect the merits of the trial.
Issues considered
- What is the applicability of bail provisions to an accused under Section 30(a) of the Bihar Prohibition and Excise Act?
- Does the petitioner’s lack of ownership of the vehicle and clean antecedent justify granting bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35505 of 2026
Arising Out of PS. Case No.-164 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Dinkar Kumar Son of Mishrilal Mahto, Resident of Village- Runnisaidpur,
ward no. 02, P.S.- Runnisaidpur, District- Sitamarhi.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 21-05-2026 The matter was heard via video conferencing mode.
2. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
3. The petitioner seeks bail in connection with Sadar
Excise P.S. Case No. 164 of 2026, registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and Excise
Act.
4. As per the prosecution case, total 135 litres of
illicit Nepali country made liquor was recovered from the dickey
of one Honda City Car.
5. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Nothing has been recovered from the conscious
possession of the petitioner. Petitioner is not the owner of the
vehicle in question and he has no concern with the alleged
recovery. Learned counsel lastly submits that petitioner has clean
Patna High Court CR. MISC. No.35505 of 2026(2) dt.21-05-2026
2/2
antecedent and he is in custody since 15.04.2026.
6. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and also considering petitioner’s clean antecedent and
his period of custody, this Court is inclined to grant bail to the
petitioner.
8. Accordingly, let the petitioner, above-named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees
Ten Thousand Only) with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special Judge Excise,
Madhubani, in connection with Sadar Excise P.S. Case No. 164 of
2026.
9. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observation shall
not be construed as an expression on the merits of the case and
shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Shahnawaz/-
U T
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