Patna High Court
Dhananjay Kumar @ TapiyarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should be granted to the petitioner upon furnishing a bond of Rs.5,000 with two sureties.
Summary
The petitioner, Dhananjay Kumar, was arrested in connection with the alleged recovery of 900 litres of liquor and a seized motorcycle under Section 30(a) of the Bihar Excise Act. He has been in custody since 21-04-2026 and contends that he was not arrested at the spot, that the liquor was not in his conscious possession, and that he is not the owner of the seized vehicle. The State opposed his bail application. The court considered the petitioner’s submissions, the nature of the offence, and the period of custody, and decided to grant bail on the condition of a Rs.5,000 bond with two sureties. The bail order was directed to be executed by the trial court handling the case. The petition for bail was therefore disposed in favour of the petitioner.
Issues considered
- Whether the petitioner is entitled to bail in the case registered under Section 30(a) of the Bihar Excise Act?
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- liquor seizure
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36657 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Dhananjay Kumar @ Tapiyar Son of Sajan Sahni Resident of Village -
Nuruddinganj Ghat, Kinare, P.S.- Malsalami, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Prasad Singh
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 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
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and is
in custody since 21-4-2026. It is next submitted that allegation
is of recovery of 900 litres of liquor from bank of Damrahi Ghat
and a motorcycle was seized.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated at the instance
Patna High Court CR. MISC. No.36657 of 2026(2) dt.01-07-2026
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of local people.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner and taking into consideration the
period of custody, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five
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 Malsalami P.S. Case
No. 114 of 2026.
(Satyavrat Verma, J)
Sumit/-
U T
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