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Patna High Court

Dhanji KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Dhanji Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 75 litres of liquor were recovered near a canal. The prosecution alleged his involvement, but no incriminating material was found in his possession and he claimed innocence. He had been in custody since 5 January 2026 and possessed a prior criminal antecedent, while the State failed to comply with Section 103 of the BNSS, 2023. The petitioner applied for bail, arguing lack of evidence and procedural lapses. The Court, after considering the facts, the period of custody, and the procedural deficiency, decided to grant bail on a bond of Rs.15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of custody, lack of material evidence, and prior antecedent.
  • Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • criminal procedure
  • antecedent
  • Section 103
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5830 of 2026
                  Arising Out of PS. Case No.-2 Year-2026 Thana- DALMIYA NAGAR SAHAYAK District-
                                                          Rohtas
                 ======================================================
                 Dhanji Kumar S/o Satyendra Prasad @ Satyendra Prasad Gupta Resident of
                 vill- Gangoli, P.S- Dalmia Nagar, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shashi Kant, Advocate
                 For the Opposite Party/s :     Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Dalmianagar PS Case No. 02 of 2026 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 75 liters

                   liquor was recovered near canal.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted

                   that recovery is from an open place, which is accessible to one
           Patna High Court CR. MISC. No.5830 of 2026(2) dt.31-01-2026
                                                       2/2




                     and all. The petitioner is in custody since 05.01.2026 and has

                     got one criminal antecedent/s. There is no compliance of

                     Section 103 of the BNSS, 2023.

                             5.      Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                             7.      Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court             in connection with Dalmianagar PS

                     Case No. 02 of 2026.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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