Patna High Court
Dipak Kumar Ray @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted, subject to conditions, as the seizure was not from the petitioner’s conscious possession and procedural requirements under the B.N.S.S., 2023 were not complied with.
Summary
Dipak Kumar Ray was arrested on 24 May 2026 for alleged possession of 63 litres of country‑made liquor under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. The liquor was seized from a motorcycle and the FIR indicated that none was found in the petitioner’s conscious possession. The petitioner’s counsel contended that he was falsely implicated and that the seizure list, prepared by police officers, violated Sections 103 and 105 of the B.N.S.S., 2023. The State opposed bail, noting the petitioner’s other pending cases but acknowledged he was already on bail in those matters. Considering the lack of direct possession and the procedural lapses, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents, and ordered his release without delay for verification.
Issues considered
- Whether bail should be granted despite the alleged offence under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022
- Whether the non‑compliance of Sections 103 and 105 of the B.N.S.S., 2023 warrants bail
- Whether the absence of conscious possession affects the bail decision
Legislation cited
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S., 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- conscious possession
- procedural lapse
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43467 of 2026
Arising Out of PS. Case No.-226 Year-2026 Thana- DESARI District- Vaishali
======================================================
Dipak Kumar Ray @ Deepak Kumar Son of Dinesh Ray @ Dinesh Rai R/o
Village -Nayagaon Ganiyari (Bhartaulia) PS -Desari District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rani Shashi Bharti, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-07-2026 Heard Ms. Rani Shashi Bharti, learned counsel for the
petitioner and Ms. Asha Kumari, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
24.05.2026, in connection with Desari P.S. Case No. 226 of 2026,
F.I.R. dated 24.05.2026 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition & Excise
(Amendment) Act, 2022.
3. Recovery is of 63.00 litres of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It appears from the F.I.R. as well as seizure list that
recovery has been made from the motorcycle in question which
suggests that nothing has been recovered from the conscious
possession of the petitioner. It appears from the F.I.R. as well
Patna High Court CR. MISC. No.43467 of 2026(2) dt.07-07-2026
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seizure list that the seizure list witnesses are police personnel so
there is non compliance of Sections 103 and 105 of the B.N.S.S.,
2023. The petitioner is in custody since 24.05.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries two more cases other than
the present one but fairly submits on the basis of paragraph-3 of
the bail petition that the petitioner is on bail in pending matters.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non compliance of
Sections 103 and 105 of the B.N.S.S., 2023, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court No. 1-cum-District and Additional Sessions Judge,
Vaishali at Desari in connection with Desari P.S. Case No. 226 of
2026, subject to the following conditions :-
(1) 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 absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.43467 of 2026(2) dt.07-07-2026
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(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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)
Ibrar//-
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