Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- R P MISHRA
Holding
Bail was granted to petitioner No.1 (Dilip Kumar) and the bail application of petitioner No.2 was dismissed as withdrawn.
Summary
The petitioners, Dilip Kumar and Virmani Kumar, were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the recovery of 450 litres of country‑made liquor, some of which was found on a motorcycle, in a plastic jar and at a street shop. Virmani Kumar withdrew his bail application after obtaining bail in a separate proceeding, and the court dismissed his application as withdrawn. Dilip Kumar, who has been in custody since 28‑12‑2025, claimed innocence, stating no liquor was found in his possession, he does not own the motorcycle, and he has no prior criminal record; the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the court, considering the lack of incriminating material, the petitioner’s clean record, and the period of custody, granted bail to Dilip Kumar on a bond of Rs.15,000 with two sureties. The order released him on bail while confirming the withdrawal of the other petitioner's application.
Issues considered
- Whether bail should be granted to Dilip Kumar under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the withdrawal of the bail application by Virmani Kumar is permissible.
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Section 30
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7362 of 2026
Arising Out of PS. Case No.-990 Year-2025 Thana- MANER District- Patna
======================================================
1. Dilip Kumar S/o Late Birbal Rai R/o Vill.- Haldi Chhapra, Badal Tola, P.s.-
Maner, Dist.- Patna
2. Virmani Kumar S/O Ram Jiwan Rai R/o Vill.- Haldi Chhapra, Badal Tola,
P.s.- Maner, Dist.- Patna
... ... petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the petitioner No.1/s : Mr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. At the outset, learned counsel for the petitioner
No.2 seeks permission of this Court to withdraw the present bail
application as against petitioner No.2 on account of petitioner
No.2 being granted bail by this Court on subsequent bail
application filed by another learned counsel, of which the
present counsel for the petitioners was not aware.
3. Permission is accorded. Accordingly, the present
bail application is dismissed as withdrawn as against petitioner
No.2.
4. The petitioner No.1 seeks bail in connection with
Patna High Court CR. MISC. No.7362 of 2026(2) dt.10-02-2026
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Maner PS Case No. 990 of 2025 instituted for the offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
5 The prosecution case, in short, is that 450 liters
country made liquor was recovered, out of which 150 liters was
recovered from motorcycle, 75 liters from plastic jar and 225
liters from street shop.
6. Learned counsel for the petitioner No.1 submits
that the petitioner No.1 is innocent and has falsely been
implicated in the present case. No incriminating material has
been recovered from the conscious possession of the petitioner
No.1. The petitioner No.1 has got no concern with the alleged
recovery of liquor. It is submitted that petitioner No.1 is not the
owner of the motorcycle and he has no concern with the same.
The petitioner No.1 is in custody since 28.12.2025 and has got
no criminal antecedent/s. There is no compliance of Section 103
of the BNSS, 2023.
7. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner No.1.
8. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner No.1, this Court is inclined to grant bail to the
petitioner No.1.
Patna High Court CR. MISC. No.7362 of 2026(2) dt.10-02-2026
3/3
9. Let the petitioner No.1 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 Maner PS Case No.
990 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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