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Patna High Court

Deeleep Kumar @ Dilip KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with a bond of Rs.10,000 and two sureties, subject to specified conditions.

Summary

Deeleep Kumar, a driver, was arrested on 15 March 2026 after 70.845 litres of illicit liquor were seized from a vehicle he was driving. He was charged under Sections 30(a), 32(i) & (iii), and 41(i) & (ii) of the Bihar Prohibition & Excise (Amendment) Act, 2022. The petitioner claimed he was not the owner of the vehicle, had no knowledge of the contraband, and was falsely implicated. The State opposed bail, noting two other pending cases against the petitioner, though he was already on bail in one matter. The High Court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused under the Bihar Prohibition & Excise (Amendment) Act, 2022 despite the nature of the offence and his prior criminal history.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise law
  • criminal procedure
  • Bihar Prohibition & Excise Act
  • driver
  • seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37401 of 2026
                  Arising Out of PS. Case No.-136 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Deeleep Kumar @ Dilip Kumar S/O Prasidh Chaudhary Resident of Village-
                 Kajharghat, P.S.- Kudra, District- Kaimur at Bhabua.
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rajani Kant Pandey, Advocate
                 For the Opposite Party/s :         Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-06-2026                    Heard Mr. Rajani Kant Pandey, learned counsel for

                   the petitioner and Mr. Manoj Kumar, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   15.03.2026, in connection with P.R. NO. 136 of 2026 arising out

                   of Bhabua P.S. Case No. 136 of 2026, F.I.R. dated 15.03.2026

                   registered for the offences punishable under Sections 30(a)/32(i)

                   & (iii)/41(i) & (ii) of Bihar Prohibition & Excise (Amendment)

                   Act, 2022.

                                3. Recovery is of 70.845 litres of illcit liquor from

                   different brand.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that altogether 70.845 litres of illicit liquor

                   from different brand was recovered from the vehicle of the
Patna High Court CR. MISC. No.37401 of 2026(2) dt.16-06-2026
                                            2/3




          petitioner.     He further submits that the petitioner is not the

          owner of the vehicle in question and he is the driver of the

          vehicle in question and he has no knowledge about the

          consignment tolerate by the owner or the transporter. He further

          submits that the police after investigation submitted chargesheet

          against the petitioner and the petitioner is in custody since

          15.03.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner and submits that the petitioner carries two more cases

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matter.

                        6. Considering the facts and circumstances of the

          case, let the petitioner, above named, 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

          learned       Special Judge, Excise-II, Kaimur at Bhabhua in

          connection with P.R. No. 136 of 2026 arising out of Prohibition

          of Excise Bhabua P.S. Case No. 136 of 2026, subject to the

          following conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be
           Patna High Court CR. MISC. No.37401 of 2026(2) dt.16-06-2026
                                                       3/3




                     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.

                                  (2) If the petitioner tampers with the evidence or the

                     witness, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.

                                  (3) 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 antecedents, 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)
Ibrar//-

U


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