Patna High Court
Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the bail application, granting bail subject to specified conditions.
Summary
The petitioner, Dinesh Kumar, was arrested in connection with a case involving the seizure of a truck carrying 4,176 litres of foreign liquor, alleged to be offences under Sections 30(a) and 41(i),(ii) of the Bihar Prohibition and Excise Act. He contended that he was not named in the FIR and that the mobile number traced to him was the only link, asserting that neither the truck nor the liquor belonged to him and that he has a clean antecedent. The prosecution opposed bail, arguing the seriousness of the contraband seizure. The High Court, noting that the petitioner had been in custody since 29 September 2025 and that the evidence against him was merely suspicion, granted bail on a Rs.10,000 bond with two sureties and imposed several conditions regarding attendance and conduct. The order also stipulated that any violation could lead to cancellation of bail, but the court emphasized that its observations would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner accused under the Bihar Prohibition and Excise Act on the basis of mere suspicion and a mobile number link.
- Whether the duration of pre‑trial custody and the petitioner’s clean antecedent warrant release on bail.
- Whether the conditions imposed by the court are sufficient to safeguard the trial process.
Subjects
- bail
- Bihar Prohibition and Excise Act
- seizure of liquor
- criminal procedure
- suspicion
- pre‑trial custody
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76823 of 2025
Arising Out of PS. Case No.-80 Year-2022 Thana- MUSRIGHRARI District- Samastipur
======================================================
Dinesh Kumar, S/o Ramjee Mahto @ Ramjee Singh, Resident of Village-
Barbatta, P.S.- Musarigharari, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Adv.
For the Opposite Party/s : Mr. Pramod Kumar Pandey, Addl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 06-01-2026 Heard the learned counsel for the petitioner and the
learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in
connection with Musarigharari P.S. Case No. 80 of 2022
registered for the offence(s) punishable under Section(s) 30(a)
and 41(i) (ii) of the Bihar Prohibition and Excise Act.
3. The prosecution case is to the effect that on
secret information, one truck was found abandoned and on
search, total 4176 liters of foreign liquor was recovered.
4. The learned counsel for the petitioner submits
that the petitioner is not named in the F.I.R. Subsequently,
during the course of investigation, one mobile number was
Patna High Court CR. MISC. No.76823 of 2025(3) dt.06-01-2026
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traced and it was found to be of the petitioner and merely on
suspicion, he has been implicated in this case. It has further
been submitted that neither the liquor nor the truck belongs to
the petitioner and he has no concern whatsoever with the seized
liquor. It has lastly been submitted that the petitioner has clean
antecedent and he is in custody since 29.09.2025.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail.
6. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 29.09.2025, let the petitioner, above-
named, be released on bail on his furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with
Musarigharari P.S. Case No. 80 of 2022, subject to the following
conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Patna High Court CR. MISC. No.76823 of 2025(3) dt.06-01-2026
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Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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