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Patna High Court

Dinesh ShahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the petitioner had no conscious possession of the seized liquor and was implicated merely by ownership of the vehicle, coupled with a clean antecedent.

Summary

Dinesh Shah was arrested on 10 May 2026 in connection with a 2021 case involving the seizure of 211.5 litres of illicit foreign liquor from an Alto car and a motorcycle. He was charged under Sections 30, 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2018. The petitioner argued that he has a clean antecedent and was implicated only because he owned the motorcycle, with no liquor recovered from his conscious possession. The prosecution opposed bail. The court, noting the lack of direct evidence linking the petitioner to the seized liquor and his clean record, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under the Bihar Prohibition and Excise Act, 2018.
  • Whether ownership of a vehicle used in the seizure constitutes sufficient ground for continued detention.
  • Whether the absence of conscious possession and a clean antecedent justify granting bail.

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • illicit liquor
  • criminal procedure
  • ownership
  • seizure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45583 of 2026
                        Arising Out of PS. Case No.-342 Year-2021 Thana- KHAIRA District- Saran
                 ======================================================
                 Dinesh Shah S/o Late Ramayan Shah @ Late ramayan rai Resident of
                 Village- Dih Pakri, P.S.- Amnaur, District- Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Udai Shankar Singh, Advocate
                 For the Opposite Party/s :       Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   03-07-2026                        Heard Mr. Udai Shankar Singh, learned counsel

                   for the petitioner and Dr. Kumar Uday Pratap, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   10.05.2026 in connection with Khaira (Nagra OP) P.S. Case No.

                   342 of 2021, F.I.R. dated 03.10.2021 for the offences punishable

                   under Section 30, 30(a), 41(1) of the Bihar Prohibition and

                   Excise Act, 2018.

                               3. Recovery is of 211.500 liters of illicit foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R. as well as seizure list that nothing has been

                   recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.45583 of 2026(2) dt.03-07-2026
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          the recovery has been made from an Alto Car and one

          motorcycle and the petitioner has been made accused merely on

          the basis that he is the owner of the motorcycle in question and

          except the aforesaid, no other cogent material has come during

          investigation which suggest the involvement of the petitioner in

          the present occurrence. He further submits that the police after

          investigation submitted the charge sheet against the petitioner.

          The petitioner is in custody since 10.05.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioner has clean antecedent and nothing has

          been recovered from his conscious possession and he has been

          made accused merely on the basis that he is the owner of the

          motorcycle in question, 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 the learned 3rd Exclusive Special Excise Judge,

          Saran, Chapra in connection with Khaira (Nagra OP) P.S. Case

          No. 342 of 2021, subject to 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
            Patna High Court CR. MISC. No.45583 of 2026(2) dt.03-07-2026
                                                        3/3




                       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.

                                    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)
Suruchi/-

U      T


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