Patna High Court
Dipak Kumar @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner.
Summary
The petitioner, Dipak Kumar, was arrested in connection with the recovery of 63.05 litres of liquor from his joint family house under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that no liquor was found in his conscious possession and that the recovery was from a house shared with other family members. The State opposed bail, while the petitioner’s counsel highlighted his two prior criminal antecedents and the lack of compliance with Section 103 of the Bihar Narcotic Substances Suppression Act, 2023. Considering the facts, the period of custody since 22‑11‑2025, and the petitioner’s claim of non‑involvement, the Court decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the alleged recovery of liquor from a joint house, his prior criminal antecedents, and non‑compliance with Section 103 of the Bihar Narcotic Substances Suppression Act, 2023
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- antecedents
- joint house
- Section 103 compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3582 of 2026
Arising Out of PS. Case No.-331 Year-2025 Thana- SALIMPUR District- Patna
======================================================
Dipak Kumar @ Deepak Kumar Son of Late Akhilesh Singh Resident of
Village- Rukanpura, P.S.- Salimpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Salimpur PS Case No. 331 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 63.05 liters
liquor was recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that recovery is made from the joint house of the petitioner,
Patna High Court CR. MISC. No.3582 of 2026(2) dt.19-01-2026
2/2
where other family members also reside. The petitioner is in
custody since 22.11.2025 and has got two criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Salimpur PS Case
No. 331 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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