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Patna High Court

Dilkhush KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.42030 of 2026(2) dt.01-07-2026
                                                        3/3




                                                      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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