Patna High Court
Dhanji KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Dhanji Kumar, was arrested on 17 April 2026 in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for possession of 109.92 litres of illicit foreign liquor seized from a vehicle he did not own. He contended that he had no conscious possession of the liquor, that the seizure was conducted by police witnesses in violation of Sections 103 and 105 of the BNSS, 2023, and that he was falsely implicated. The prosecution opposed bail, highlighting the petitioner’s apprehension with the liquor and his three prior criminal antecedents, though he was on bail in other matters. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the seizure of the illicit liquor complied with Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal antecedent
- seizure
- evidence
- Section 30(a)
- Bihar Prohibition and Excise Act
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36893 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- Ramdas Rai Ka Dera District- Buxar
======================================================
Dhanji Kumar S/o Late Vishnu Sah R/o vill - Dinara, P.S.- Dinara, Distt.-
Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Dhaneshwar Prasad Gupta, learned
counsel for the petitioner and Mr. Anil Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.04.2026 in connection with Ram Das Rai Ke Dera P.S. Case
No. 16 of 2026, F.I.R. dated 14.04.2026 for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 109.92 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery of
Patna High Court CR. MISC. No.36893 of 2026(2) dt.16-06-2026
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altogether 109.92 liters of foreign liquor has been made from
the vehicle in question and petitioner is not the owner of the said
vehicle. He further submits that the petitioner has no concern at
all from the recovery of the illicit liquor or the vehicle in
question. It appears from the seizure list that seizure list
witnesses are the police personnel so there is non-compliance of
Section 103/105 of the BNSS, 2023. The petitioner is in custody
since 17.04.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner was apprehended along with the
illicit liquor and apart from that the petitioner carries three
criminal antecedents other than the present one but fairly
submits that he is on bail in all the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Excise Special Court No. 2, Buxar in connection with Ram Das
Rai Ke Dera P.S. Case No. 16 of 2026 subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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