Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Dhiraj Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 253.2 litres of illicit liquor were seized from a tempo. He argued that he was neither the driver nor the owner of the vehicle and that no incriminating material was found in his possession, contending that the accusation was based merely on suspicion. The State opposed his bail application. The High Court, after considering the facts, granted anticipatory bail, directing that if arrested within eight weeks, the petitioner could be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, Section 30(a).
- Whether the material seized and the circumstances justify the petitioner’s arrest.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- prohibition law
- Section 30
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43126 of 2026
Arising Out of PS. Case No.-191 Year-2026 Thana- DHAKA District- East Champaran
======================================================
Dhiraj Kumar Son of Upendra Paswan Resident of Village - Chainpur Dhaka,
P.S.- Dhaka, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 253.2 litres illicit liquor
was recovered from the seized tempo.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicle in question and he has been made accused
merely on suspicion.
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.43126 of 2026(2) dt.01-07-2026
2/2
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Exclusive Special Excise
Court No.-3 East Champaran, Motihari in connection with
Dhaka P. S. Case No. 191 of 2026, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay-
U T
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