Patna High Court
Dhanji KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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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