Patna High Court
Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court ordered that bail be granted to the petitioner on a bond of Rs.10,000 with conditions, as the seizure was not from his conscious possession and there was non‑compliance with Sections 103/105 of BNSS, 2023.
Summary
The petitioner, Dilkhush Kumar, was arrested on 26 April 2026 in connection with an excise case involving the seizure of 60 litres of illicit liquor from a motorcycle. The seizure list and FIR indicate that none of the liquor was found in the petitioner's conscious possession. The petitioner argued that Sections 103 and 105 of the BNSS, 2023 were not complied with, and that he has been in custody since the arrest. The State opposed bail, noting a similar pending case, but the petitioner was already on bail in that matter. The Court, noting the lack of conscious possession and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the seized contraband is not in the accused's conscious possession
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants bail
- Impact of a pending similar case on the bail application
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- illicit liquor
- conscious possession
- BNSS 2023
- Bihar Prohibition and Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42782 of 2026
Arising Out of PS. Case No.-239 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Dilkhush Kumar S/O Janardan Yadav Resident of Village- Kharra, Ward NO.
02 P.S.- Suryagarha, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-07-2026 Heard Mr.Sanjeev Kumar, learned counsel for the
petitioner and Mr.Md. Anzarul Haque Sahara, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
26.04.2026 in connection with Excise P.S. Case No. 239
C2/2026, F.I.R. dated 26.04.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 60 liters of illicit liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner and altogether 60 liters of illicit liquor was
recovered from the motorcycle in question and the seizure list
Patna High Court CR. MISC. No.42782 of 2026(2) dt.06-07-2026
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witnesses are police personnel so there is non-compliance of
Sections 103/105 of BNSS, 2023 and the petitioner is in custody
since 26.04.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case other than the present one of similar nature but
he fairly submits that the petitioner is on bail in the said case, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, nothing has been
recovered from conscious possession of the petitioner and there
is non-compliance of Sections 103/105 of BNSS, 2023, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs.10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned District and
Additional Sessions Judge-VII-cum-Exclusive Special Excise
Court-II, Lakhisarai in connection with Excise P.S. Case No.
239 C2/2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.42782 of 2026(2) dt.06-07-2026
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(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
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