Created by Fuzzy Cloud

Patna High Court

Dilip Chouhan @ Dilip PrasadversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the lack of incriminating material, the petitioner’s clean record and the circumstances of the alleged recovery, bail should be granted.

Summary

The petitioner, Dilip Chouhan, was arrested on 2 December 2025 after 80 litres of liquor were recovered from a jute sack near a pond, and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of any incriminating material in his possession, and that the liquor was recovered from an open public place. The petitioner also highlighted his clean criminal record and the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the facts, the court found no risk of flight or tampering and granted bail on condition of a cash bond and two sureties.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with in the bail application.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • Section 30(a)
  • Bihar
  • criminal procedure
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91792 of 2025
                       Arising Out of PS. Case No.-3747 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Dilip Chouhan @ Dilip Prasad S/O Late Ram Babu Chouhan Resident Of Gur
                 Ki Mandi, Beldar Toli, ward No 54, P.s.- Alamganj, Dist.- Patna

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ravi Prakash Dwivedi, Advocate
                 For the Opposite Party/s :         Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Excise

                   Patna P.S. Case No. 3747 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 80 liters

                   liquor was recovered from jute sack near a pond and the

                   petitioner was arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
             Patna High Court CR. MISC. No.91792 of 2025(2) dt.19-01-2026
                                                         2/2




                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submits that the alleged recovery has been

                       made from an open place and the same is easily accessible to the

                       public at large. The petitioner is in custody since 02.12.2025 and

                       has got no criminal antecedent. There is no compliance of

                       Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Excise Patna P.S.

                       Case No. 3747 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

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.