Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail may be granted to the petitioners given their clean antecedent, lack of direct evidence, and the nature of the offence, subject to prescribed conditions.
Summary
The petitioners, Dilip Kumar and Madan Das, sought bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 20.880 litres of foreign liquor recovered from a wheat field near their house. They contended that no incriminating material was found in their conscious possession and that they have a clean antecedent. The State opposed the bail application. The court, after considering the petitioners' clean record, the absence of direct evidence linking them to the liquor, and the nature of the offence, ordered that they be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS 2023. The bail order was conditioned on surrender within eight weeks and compliance with the Special Judge’s directions.
Issues considered
- Whether bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioners' clean antecedent and lack of incriminating material justify bail.
- Whether the conditions imposed under Section 482(2) of BNSS 2023 are appropriate.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 482(2)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- foreign liquor
- Section 482(2) BNSS 2023
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40287 of 2026
Arising Out of PS. Case No.-192 Year-2026 Thana- PAHARPUR District- East Champaran
======================================================
1. Dilip Kumar S/O Madan Das Resident of Village- Balua Vriti Tola, PS-
Paharpur, District- East Champaran
2. Madan Das S/O Raghunandan Das Resident of Village- Balua Vriti Tola, PS-
Paharpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar , Advocate
For the Opposite Party/s : Mr. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioners and
the State .
2. Petitioners apprehend arrest in a case registered for
the offence punishable under Section 30 (a) of Bihar Prohibition
and Excise Act.
3 . It is alleged that 20.880 liters of foreign liquor was
recovered from from wheat field in front of house of these
petitioners.
4. It is submitted that the petitioners are innocent and
has falsely been implicated in this case on the basis of
suspicion . No incriminating material has been recovered from
the conscious possession of these petitioner and they are no
Patna High Court CR. MISC. No.40287 of 2026(2) dt.29-06-2026
2/2
way connected with the aforesaid recovery . Petitioners claim
clean antecedent.
5 . Learned counsel for the State opposes the bail
petition .
6. Considering the aforesaid facts, clean antecedent of
petitioner and other circumstances of case, in the event of
arrest/surrender within eight weeks from today, let the
petitioners, above named, be released on bail on furnishing bail
bond of Rs.10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge – I East Champaran Motihari in connection with
Paharpur Police Station Case No. 192 of 2026 , subject to the
conditions laid down under section 482 (2) of BNSS 2023 .
(Prabhat Kumar Singh, J)
Koushik/Sanjay-
U T
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