Patna High Court
Dhiraj Kumar Singh @ Dhiraj Singh @ Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner on the condition of a bond and sureties.
Summary
The petitioner, Dhiraj Kumar Singh, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 2,395.5 litres of liquor from an abandoned house belonging to the late Maksudan Mahto. The petitioner was not arrested at the scene, no liquor was found in his possession, and the allegation arose solely from the testimony of a chowkidar, raising doubts about the prosecution's case. He has seven prior criminal cases, two of which are under the Excise Act, and has been in custody since 26‑08‑2025. The petitioner sought bail, arguing lack of direct involvement and questioning why the chowkidar did not inform police earlier. The court, after considering the submissions, granted bail on the condition of a Rs.10,000 bond and two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the alleged offence and the petitioner’s prior criminal record.
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- liquor seizure
- criminal procedure
- prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3559 of 2026
Arising Out of PS. Case No.-460 Year-2023 Thana- BIBHUTIPUR District- Samastipur
======================================================
Dhiraj Kumar Singh @ Dhiraj Singh @ Dhiraj Kumar S/o Gouri Shankar
Singh @ Gauri Shankar Singh R/o Village- Sakhmohan, PS- Bibhutipur,
Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar
For the Opposite Party/s : Mr. Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases, out of which, two cases
are under the Excise Act and allegation is of recovery of
2395.500 litres of liquor from an abandoned house of Late
Maksudan Mahto. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and even alleged recovery is from a house
which does not belong to the petitioner and he has no concern or
Patna High Court CR. MISC. No.3559 of 2026(2) dt.30-01-2026
2/2
relation with Maksudan and he came to be implicated at the
instance of chowkidar but then it is submitted that if chowkidar
was aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to institution of the
instant FIR which casts an aspersion on the case of the
prosecution and the petitioner is in custody since 26.08.2025.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Bibhutipur P.S. Case No.460/2023.
(Satyavrat Verma, J)
amit/-
U T
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