Patna High Court
Dinesh ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30, 30(a), 41(1)
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
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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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