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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

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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