Patna High Court
Dinesh Singh @ Dinesh Sah @ DineshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that the petitioner is entitled to bail, subject to monetary bond, sureties, and attendance conditions.
Summary
The petitioner, Dinesh Singh, applied for bail in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act after 326.70 litres of illicit foreign liquor were seized from a car he was driving. He contended that he was not the owner of the vehicle, had no knowledge of the liquor, and that the seizure lacked an independent witness, violating statutory search provisions. The State opposed bail, citing a prior similar criminal antecedent, although it noted that the petitioner was already on bail in that earlier case. The Court examined the relevance of ownership, knowledge, procedural lapses in the seizure, and the effect of the prior antecedent on the bail decision. Considering the facts, the Court granted bail on a cash bond of Rs.10,000 with two sureties, imposing conditions of a blood relative as one bailor and mandatory court attendance. The bail order was subject to cancellation if the petitioner missed two consecutive court dates without sufficient cause.
Issues considered
- Whether the petitioner is entitled to bail under the Bihar Prohibition and Excise Act despite not being the owner of the vehicle.
- Whether the alleged violation of mandatory search and seizure provisions warrants denial of bail.
- Whether the petitioner’s prior criminal antecedent of a similar nature precludes the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- search and seizure
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36195 of 2026
Arising Out of PS. Case No.-109 Year-2026 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Dinesh Singh @ Dinesh Sah @ Dinesh S/o Pratap Singh @ Pratap Resident
of village - Badana, P.S.- Sadar Sonipath, Distt.- Sonipath, Hariyana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 30(a), 41(1) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, 326.70 litres of
illicit foreign liquor was recovered from dicky and back seat of
the car.
4. Learned counsel for the petitioner submits that
the petitioner is not the owner of the said car rather he was
driver of the said car and he has no knowledge whatsoever
about the presence of liquor in the said vehicle. There is no
independent witness to search and seizure thereby causing
violation of mandatory provisions of law. The petitioner is in
custody since 06.04.2026.
5. Learned APP for the State opposed the grant of
Patna High Court CR. MISC. No.36195 of 2026(2) dt.09-06-2026
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bail on the ground that the petitioner has one criminal
antecedent of similar nature. However, in response it has been
submitted that the petitioner is on bail in the said case.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special, Excise
Court No.33, Civil Court, East Champaran at Motihari
/concerned Court below in connection with Dumariyaghat P.S.
Case No. 109 of 2026 subject to condition that:-
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister.
(ii) The petitioner shall remain physically present
in court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
anand/-
U T
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