Patna High Court
Dablu Kumar @ Dablu KodaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Dablu Kumar, was arrested in connection with the seizure of 265 litres of illicit liquor from two motorcycles, alleged under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act. He contended that he was merely a pillion rider, not the owner of the vehicles, and that there was no independent witness to the search and seizure, thereby violating mandatory procedural provisions. The State opposed bail, relying on the allegations in the FIR. The Court considered the lack of personal possession, the petitioner’s clean record, and the procedural lapses raised by counsel. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the lower court.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act.
- Whether the alleged procedural irregularities in the search and seizure affect the grant of bail.
- Whether the petitioner’s status as a pillion rider absolves him from liability for the seized liquor.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(iii)
Subjects
- bail
- prohibition
- excise
- illicit liquor
- pillion rider
- procedural violation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36378 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- Manikpur District- Lakhisarai
======================================================
Dablu Kumar @ Dablu Koda Son of Sugdev Koda @ Sukhdeo Koda
Resident of Village- Ramtali Korasi, P.S.- Kajra, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar
For the Opposite Party/s : Mr.Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 10-06-2026 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), 32(iii) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, 265 litres of illicit
liquor has been recovered from two motorcycles.
4. Learned counsel for the petitioner submits that
the petitioner is said to be the pillion rider and he is not the
owner of any of the two seized motorcycle. There is no
independent witness to search and seizure, as such, mandatory
provisions have been violated. There is no recovery from
personal or conscious possession of the petitioner. The
petitioner has no criminal antecedent and is in custody since
Patna High Court CR. MISC. No.36378 of 2026(2) dt.10-06-2026
2/2
12.03.2026.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
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 District and Additional
Sessions Judge-IV-cum-Special Excise Court-I, Lakhisarai
/concerned Court below in connection with Maikpur P.S. Case
No. 33 of 2026.
(Soni Shrivastava, J)
anand/-
U T
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