Patna High Court
Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Dilkhush Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 55 litres of illicit Chulai liquor from a bag on his motorcycle. He contended that the liquor was planted, that the search and seizure were not conducted in accordance with statutory requirements, and that he was innocent. The petitioner, already on bail in two other cases, had been in custody since 23 April 2026. The State opposed his bail application. Considering the nature of the alleged recovery, the procedural issues raised, and the length of custody, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional specific requirements.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged procedural lapses in search and seizure.
- Whether the period of custody and the petitioner’s antecedent cases warrant denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- search and seizure
- procedural lapse
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42030 of 2026
Arising Out of PS. Case No.-141 Year-2026 Thana- Bhararhi District- Madhepura
======================================================
Dilkhush Kumar S/O Raben Yadav @ Rabindra Yadav Resident of Vill.-
Jibachhpur, Ward no.- 7, P.S- Bharrahi, Dist.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rupesh Kumar, Advocate
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Bharrahi P.S. Case No. 141 of 2026 registered
for the alleged offences under Section 30(a) of Bihar Prohibition
and Excise Act.
03. As per prosecution case, on receiving information
about the petitioner bringing illicit liquor with his associate, the
petitioner was apprehended along with his associate and from
the bag being carried on a motorcycle, recovery of 55 litres of
country made Chulai liquor was made.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.42030 of 2026(2) dt.01-07-2026
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case. Nothing incriminating has been recovered from the
conscious possession of the petitioner and the recovery shown is
planted. The mandatory provisions of search and seizure have
not been followed. The petitioner is having antecedent of two
cases and he is on bail in both the cases. The petitioner is in
custody since 23.04.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and period of custody of the petitioner, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
A.D.J.-I -cum- Special Court of Excise Act,
Madhepura/concerned Court in connection with Bharrahi P.S.
Case No. 141 of 2026, subject to the conditions mentioned in
Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
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court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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