Created by Fuzzy Cloud

Patna High Court

Dheeraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/4




          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
Patna High Court CR. MISC. No.89610 of 2025(3) dt.07-01-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.89610 of 2025(3) dt.07-01-2026
                                                           4/4




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.