Patna High Court
Dheeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to a Rs 10,000 bond, two sureties and specified conditions.
Summary
The petitioner, Dheeraj Kumar, was arrested during a police raid that recovered 280 litres of cough syrup from a tempo and 750 litres from a godown, and is charged under Sections 30(a), 30(g), 32, 56(b) and 62 of the Bihar Prohibition and Excise Act. He contends that he was merely a passerby, has no ownership of the seized goods, and possesses a clean antecedent, having been in custody since 4 July 2025. The State opposed bail, but the court considered the length of custody, the petitioner’s willingness to deposit a surety, and his lack of prior record. The court ordered bail on a bond of Rs 10,000 with two sureties, imposing conditions of personal appearance, non‑repetition of the offence, and verification of antecedents. The bail order was directed to be accepted by the trial court upon receipt of the deposit with the Advocate Association, and the court clarified that its observations would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bihar Prohibition and Excise Act.
- Whether the petitioner is likely to abscond or tamper with evidence given the nature of the seizure.
- Whether the petitioner’s claim of being a mere passerby and having no ownership interest in the seized cough syrup is sufficient to merit bail.
Subjects
- bail
- criminal procedure
- Bihar Prohibition and Excise Act
- cough syrup seizure
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89610 of 2025
Arising Out of PS. Case No.-352 Year-2025 Thana- BEUR District- Patna
======================================================
Dheeraj Kumar son of Basudev Ray Resident of Village- Terasiya, P.S. -
Ganga Bridge, Dist.-Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Shekhar, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 07-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Beur P.S. Case No. 352 of 2025, Spl. Case
No. 961 of 2025 registered for the offence(s) punishable
under Section(s) 30(a), 30(g), 32, 56(b) and 62 of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, on the basis of
secret information, the police conducted a raid and
apprehended two persons, including the petitioner, who was
allegedly found running away from a tempo. Upon search, a
total of 280 litres of cough syrup was recovered from the
said tempo from which the petitioner was allegedly running
Patna High Court CR. MISC. No.89610 of 2025(3) dt.07-01-2026
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away. Subsequently, upon search of godown, another lot of
750 litres of cough syrup was recovered.
4. The learned counsel for the petitioner submits
that the petitioner has no concern whatsoever with the
recovered cough syrup and that he was apprehended merely
because he was a passerby. It is contended that the
petitioner is neither the owner of the tempo nor of the
godown and has been falsely implicated in the present case
merely on account of his presence at the place of
occurrence. The learned counsel lastly submits that the
petitioner has clean antecedent and he is in custody since
04.07.2025.
5. The petitioner is willing and undertakes to
deposit a sum of Rs. 2,500/- with the Advocate Association,
Patna High Court.
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 and taking note of the fact that the petitioner has
remained in custody since 04.07.2025, let the petitioner,
above named, be released on bail on furnishing bail bond of
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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
Beur P.S. Case No. 352 of 2025, Spl. Case No. 961 of 2025,
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
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
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bail bonds in terms of the above-mentioned order shall not
be delayed for purpose of or in the name of verification.
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 Advocate Association, Patna
High Court.
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 T
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