Patna High Court
Dilip Kumar @ Dilip Prasad @ Deelip PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner as no incriminating article was recovered from his possession and he had no criminal antecedent.
Summary
The petitioner, Dilip Kumar, was arrested in connection with a case registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022, alleging that 225 litres of country‑made liquor were recovered from a motorcycle he was riding. The petitioner contended that no incriminating article was found in his personal possession, he had been in custody since 28‑29 April 2026, and he possessed no prior criminal record. The State, represented by the Additional Public Prosecutor, opposed the bail application. The Court, noting the absence of any seized contraband from the petitioner and his clean antecedent, decided to grant bail. Bail was conditioned on a cash bond of Rs. 10,000 and two sureties of equal amount, with the order expressly limited to the bail application and not to the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022 given the facts of the case.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 41(1)
Subjects
- bail
- prohibition
- excise
- illegal liquor
- criminal procedure
- Section 30(a)
- Section 41(1)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36129 of 2026
Arising Out of PS. Case No.-375 Year-2026 Thana- MADHAURAH District- Saran
======================================================
Dilip Kumar @ Dilip Prasad @ Deelip Prasad Son of Mamila Prasad
Resident of Village- Fenahara @ Fenhara, P.S.- Taraiya, District- Saran at
Chhapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rananjay Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 27-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Marhowrah P.S. Case
No. 375 of 2026 registered for alleged offences under Sections
30(a) and 41(1) of Bihar Prohibition and Excise Amendment
Act, 2022.
3. The allegation is that 225 liters country-made liquor
was recovered from the motorcycle and the petitioner is said to
be the rider of the said vehicle.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the possession of
the petitioner. He further submits that the petitioner is in custody
since 28.04.2026 and has no criminal antecedent.
Patna High Court CR. MISC. No.36129 of 2026(2) dt.27-05-2026
2/2
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that no incriminating article was
recovered from the possession of the petitioner and the
petitioner is in custody since 29.04.2026 having no criminal
antecedent, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the Court of Exclusive Special
Excise Court-II, Saran at Chapra in connection with
Marhowrah P.S. Case No. 375 of 2026.
8. 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 observations 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)
Vikash/-
U T
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