Patna High Court
Deeleep Kumar @ Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a), 32(i), 32(iii), 41(i), 41(ii)
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
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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
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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.
(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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