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Patna High Court

Dilip kumar @ Dilip RamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioners subject to bond and surety conditions.

Summary

The petitioners, Dilip Kumar and Prakash Kumar Sah, were arrested in connection with the alleged seizure of 52 litres of spirit from a banana orchard and charged under Section 111(1) of the Bihar Narcotic Substances Act and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. They contended that they had no possession of the spirit, that the seizure was not conducted in accordance with Section 105 of the B.N.S. Act, and that their inclusion in the case was based solely on suspicion. The State opposed bail, highlighting three prior similar offences against the petitioners. After hearing both sides, the Court found that the petitioners could be released on regular bail, subject to a bond of Rs.10,000 each with two sureties and a condition that they not commit similar offences in the future. The bail order was directed to be complied with by the Exclusive Special Excise Court No.1, East Champaran.

Issues considered

  • Whether the petitioners are entitled to regular bail despite the charges under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
  • Whether the seizure of the spirit complied with the procedural requirements of Section 105 of the B.N.S. Act.
  • Whether mere suspicion and prior criminal antecedent justify continued detention.

Legislation cited

Subjects

  • regular bail
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • seizure procedure
  • criminal antecedent
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41891 of 2026
                  Arising Out of PS. Case No.-230 Year-2026 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
           1.     Dilip kumar @ Dilip Ram son of Baijbnath Ram @ Baijnath Ram @
                  Baidyanath Ram Resident of village - Godhawa, Ps- Kotwa, Dist- East
                  Champaran
           2.     Prakash Kumar Sah son of chhotelal Sah Resident Of Village - Shekh toli,
                  Ps- Kotwa, Dist- East Champaran
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   29-06-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under Section 111(1)

                   of B.N.S. and Sections 30(a) and 41(1) of the Bihar Prohibition

                   and Excise Act.

                                3. The case of the prosecution is that from a banana

                   orchard, altogether 52 liters of spirit kept in two buckets was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have

                   committed no offence. They have been falsely implicated in this

                   case. They have no concern with the alleged recovery. Learned
             Patna High Court CR. MISC. No.41891 of 2026(2) dt.29-06-2026
                                                         2/2




                       counsel for the petitioners has submitted that nothing has been

                       recovered from their possession. It has further been submitted

                       that the witnesses of the seizure list are police personnel. Police

                       has not complied Section 105 of the B.N.S.S. while making the

                       seizure. The name of these petitioner has surfaced merely on the

                       basis of suspicion. They are in judicial custody since 10.04.2026.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail and has submitted that petitioners

                       are having criminal antecedent of three cases of similar nature.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioners on bail. The above named

                       petitioners are directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                       sureties of the like amount each to the satisfaction of the learned

                       Exclusive Special Excise Court No.1, East Champaran at Motihari

                       in connection with Muffasil P.S. Case No. 230 of 2026 with the

                       condition that petitioners shall not indulge in similar nature of

                       the offences in future.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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