Patna High Court
Dilip kumar @ Dilip RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 105, 111(1)
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
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/-
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