Patna High Court
Dhiraj Kumar Singh @ Dhiraj Singh @ Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to a bond of Rs. 10,000 with two sureties and the conditions stipulated by the court.
Summary
The petitioner, Dhiraj Kumar Singh, was arrested in connection with a case involving the alleged smuggling of foreign liquor, charged under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case was based on a raid that recovered liquor from a truck and a hut, but no liquor was found in the petitioner’s possession and he was not the owner of the premises. The petitioner argued that he was falsely implicated, highlighted his lack of direct possession of the contraband, and offered to deposit a bail amount. The State opposed bail, citing the petitioner’s multiple prior criminal cases. The court, after considering the facts and the petitioner’s willingness to furnish bail, granted bail subject to a bond of Rs. 10,000 with two sureties and imposed several conditions, including regular reporting to the Superintendent of Police and compliance with trial attendance.
Issues considered
- What is the appropriate bail disposition for an accused charged with offences under Sections 274, 275 of the B.N.S and Section 30(a) of the Bihar Prohibition and Excise Act, considering the nature of the offence and the accused’s prior criminal antecedents?
- Whether the absence of the seized liquor from the accused’s personal possession and lack of ownership of the vehicle and hut justify granting bail?
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
Subjects
- bail
- prohibition and excise
- liquor smuggling
- criminal antecedents
- conditions of bail
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89588 of 2025
Arising Out of PS. Case No.-398 Year-2024 Thana- BIBHUTIPUR District- Samastipur
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Dhiraj Kumar Singh @ Dhiraj Singh @ Dhiraj Kumar Son of Gouri Shankar
Singh @ Gauri Shankar Singh Village- Sakhmohan PS -Bibhutipur Distt
-Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Bibhutipur P.S. Case No. 398 of 2024
registered for the offence(s) punishable under Section(s)
274 and 275 of the B.N.S and under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, the informant
received a tip-off that Chhotu Singh and Dhiraj Singh (the
petitioner) had brought a large consignment of liquor.
Acting on the said information, a raid was conducted and
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two persons, namely, Md. Taufiq Alam and Md. Raunak
Alam, were apprehended. Upon search of the truck, a total
of 63 litres of foreign liquor was recovered and upon
search of a hut, 423 litres of foreign liquor was recovered.
It is alleged that the local chowkidar disclosed that the
petitioner had fled from the place of occurrence.
4. The learned counsel for the petitioner submits
that the petitioner has falsely been implicated in the
present case merely on account of the fact that he carries a
long list of criminal cases against his name. It has next
been submitted that no incriminating article has been
recovered from the conscious possession of the petitioner.
It has further been submitted that the alleged recovery has
been made from a truck and a hut and that the petitioner is
neither the owner of the truck nor of the hut. The learned
counsel lastly submits that the petitioner has seven
criminal antecedents and that he is in custody since
20.08.2025.
5. The petitioner is willing and undertakes to
deposit a sum of Rs. 5,000/- in the account of Lawyers’
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Association Welfare Benevolent Fund, bearing Account
No. 7801893276, IFSC Code: IDIB000L501, Indian
Bank, LNMI Branch, Bailey Road, Patna.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Regard being had to the facts and circumstances
of the case, 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 court below where the case is
pending/successor court in connection Bibhutipur P.S. Case
No. 398 of 2024, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the court
concerned.
(iv) If the petitioner is found involved in similar
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nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned 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.
(vi) In view of the antecedents of the petitioner,
the petitioner is directed to appear before the
Superintendent of Police, Samastipur within fifteen days of
his release with a copy of this order and every two weeks
thereafter for the next nine months. The conduct of the
petitioner will be kept under watch in this period by the
Superintendent of Police concerned and if it is found
wanting in any respect, a report shall be made to the court
concerned by him to initiate a proceeding for cancellation
of bail for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by the
petitioner before the court concerned.
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8. The bail bond of the petitioner shall be accepted
by the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Lawyers’ Association Welfare
Benevolent Fund.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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